The Farmer’s Dog is the name of Jeremy Clarkson’s ‘Proper British Pub’ in Burford, located just a few miles from Diddly Squat Farm.
The company behind his pub venture, Baobab Productions Limited, has applied for three trade marks which have been published on the IPO register:
- THE FARMER’S DOG and THE FARMER’S PUPPY: These applications are being sought for goods and services including beer mats, glasses and beer pitches, tea towels, clothing, beer, cider and vodka.
- HOPS & CHOPS: This application is being sought for the above goods and services, as well as for butchering services, knives and prepared meals consisting primarily of meat, fish, poultry or vegetables.
Exciting plans ahead? From the ‘HOPS & CHOPS’ application it looks like Clarkson will sell branded merchandise and has plans to expand into the ready meal market. We may also see ‘The FARMER’S DOG’ and ‘THE FARMER’S PUPPY’ being used to sell branded beer, cider and vodka.
What does it mean to have an application ‘published’?
Upon successful examination by the Intellectual Property Office (‘IPO’), an application will be published in the trade marks journal (like the yellow pages of trade marks) so that third parties have a chance to oppose it. Contrary to common belief, the IPO does not reject trade marks because they appear to infringe upon another party’s registered trade mark. Instead, they rely upon third parties to oppose them. The publication period lasts 2-3 months depending on whether there are any objections.
How long does it take to register a trade mark?
If there are no oppositions the process usually takes 3-4 months.
Why should you register a trade mark?
The key benefit is that registration is a low-cost investment for strong protection which is renewable every 10 years. A trade mark can help you save the time and expense of relying on unregistered trade mark rights in the event that someone copies you. For more information about the benefits, view this insight.
When should you register a trade mark?
You can launch a new brand before obtaining a trade mark registration but it can be costly/impossible to obtain the necessary rights afterwards if a third party has beat you to it. Dealing with registrations proactively can therefore avoid costs and risks.
How do I know what goods/services to include?
You should include the goods/services that you intend to offer under the mark. For example:
- If you are selling goods, you should include each of those.
- If you are providing services, you should include all the relevant ones.
Trade marks are categorised using a numbered class system and it can be hard to navigate these without legal advice, especially as the goods and services can overlap. If they are not adequately covered in your application you could struggle to enforce your rights.
Can I include goods/services that I intend to offer in the future?
Yes, but you should be aware that if you include goods/services in your application and do not offer them within five years you may be liable for cancellation. This is effectively to prevent people from trade mark squatting. When you submit an application you make a declaration that you are applying for goods/services which you currently offer or have a genuine intention to offer shortly.
Can I amend my application once it’s been submitted to the IPO?
Not usually and only in very limited circumstances, such as you agreeing to remove goods/services because there is an opposition or because the IPO thinks there are obvious errors in your application.
I’m worried about a trade mark application – what can I do?
Engaging with a lawyer at the earliest opportunity is imperative as there is only a short window of opportunity to try and oppose the mark. There is a specified procedure to follow but if you miss one of the forms you may not be able to recover any of your legal costs.
There are several ways forward to approach intellectual property disputes and we will explain the costs, timescales and potential risks with you so you can make an informed decision.
How can Tozers help me?
Our experienced intellectual property team can advise you on how to protect your patch and maximise the protection available to you through thoughtful registration of trade marks.
We are good listeners, can help break down complex legal jargon into words you can understand and are recognised as a top firm for client satisfaction.
