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App store woes for Scandi CLUBHOUSE with EU TM
You have to feel for Alexander Frederiksen who launched his Clubhouse app on the Apple iOS store and Google Play store in mid-2020.
His business has been stopped dead with no distribution for his app. How come ?
Alexander applied to trademark CLUBHOUSE at the EUIPO in class 9 (‘application software for social networking services via internet’) which was duly registered in October 2020.
But this has been no protection from his app being removed from both the Apple and Google stores which he presumes follows intervention by the Silicon Valley based Clubhouse app being called the next Twitter, and popular with the gilded denizens of the US West Coast. And its reported they have no trademark applications of their own, and neither they nor Google and Apple have replied to poor Alexander.
Our advice: if you\re building an app and want maximimum rights to keep it in the app store, register a US trademark, as the highest priority. And assume those running these stores have little awareness of the rest of the world, or IP rights and laws, outside the US.
So a trademark is your brand, which can be in a form of a word, picture, symbol, or a combination of these. Interestingly enough, 3D objects and sounds can also be registered aside from word trademarks and logo marks. What it does, is to seperate your brand from other goods and services that your competitors may offer. You should consider owning a trademark because it protects you and your consumers from counterfeit and fraud. Also, legal action for a trademark infringement is relatively cheap, sometimes as little as a few thousand pounds, compared to the hundreds of thousands of pounds you have to pay for an action claim of passing off in UK, same goes in the US. Trademarks allow the Trading Standards Officer or the police to criminally charge against counterfeit who use your trademark without your consent. It’s a good way to protect your hard earned good name, don’t you think? But what exactly will you register? A word mark registers the word itself you want to use, Apple/Puma/Zy
WE NEED YOU! Join us to fight for the right of UK businesses to use the much loved slogan ‘KEEP CALM AND CARRY ON’ When ‘KEEP CALM AND CARRY ON’ was used by the British Government in 1939, Britain was facing a possible invasion. Today, we are seeing the long arm of Europe encroaching on our national heritage again. The EU has granted an EU Community Trade Mark to ‘KEEP CALM AND CARRY ON’ meaning that only one company may use the slogan for clothing, mugs, posters and other memorabilia. This could potentially put many companies out of business. This is wrong and we do not believe it would have been accepted by the UK Trade Mark Registry for the following reasons: ‘KEEP CALM AND CARRY ON’ is part of the UK’s national heritage, first being used in 1939 on government posters to strengthen morale in the face of a possible German invasion Prior to the trade mark being registered, many businesses used ‘KEEP CALM AND CARRY ON’ as decoration on a wide variety of goods This means th
It is a common trend of large companies appearing to bully small business owners over the use of trade marks. Marvel and DC have recently been applying this to their joint registered trade mark ‘superhero’. DC and Marvel are the biggest brands in comic books and superhero franchises. Normally they are rivals but in this case they appear to be working together to attack any users of the term “superhero”. Even in culture references not specific to comic books. The author of Business Zero To Superhero, a book about setting up a small firm, Graham Jules has been contested by Marvel over his attempted registry of the title for an online website. Jules like many small time business owners is faced with an opposition from a company with infinitely more resources than him. He does not believe they have a claim to the word, saying “As far as I can see, the word superhero was first used in about 1917, before Marvel or DC even existed.’ And Jules is not the only one who has come under scrutiny