Does use of a trade mark within the UK constitute valid use within the EU to evidence enhanced distinctiveness of an EU trade mark?
The judgement of the Shopify vs Shoppi case has important implications for UK trade mark owners.
Celebrity siblings Kendall and Kylie Jenner have recently filed trade mark applications in order to protect their names, which have proven to play a key role in their fashion and beauty business.
Recently entering the spotlight by appearing on reality TV show “Keeping up with the Kardashians”, the glamorous duo received major media attention and soon became well-known names in the celebrity world.
Throughout April 2015, the pretty pair filed a number of trade mark applications including KENDALL JENNER, KYLIE JENNER, and KENDALL AND KYLIE. These applications cover a wide scope including perfumes, clothes, fashion and pop culture, etc.
Following in the footsteps of their entrepreneurial family, the sisters have a clothing line named “Kendall & Kylie”.
Although the two may be joined at the hip, they are seeking different types of trade mark protection.
Whilst Kylie filed for “personal appearances by a celebrity, actress, or model”, Kendall’s are mainly in regard to beauty, clothing, and fashion products.
Other celebrities have also recognised the importance of protecting their names when it concerns maximising the value of their businesses. Star sister, Kim Kardashian has also filed trade mark applications to protect her name in relation to her successful clothing line.
Fashionista Kim and her husband Kanye West have also been discussing their options to seek trade mark protection for their daughter’s name – North West.
The power couple spoke out about their decision claiming it would be for the purpose of protection and privacy so that people were unable to capitalise on their daughter’s name.
Kim and Kanye’s celebrity pals Beyoncé and Jay-Z had the same idea and tried to file a trade mark to protect their daughter’s name, Blue-Ivy, however the application was rejected.
If you would like to discuss the possibility of protection with one of our trade mark attorneys, please contact us for advice on the best way to protect your brand.