EU Trademark – Hub Dot, Twilio & Sky original Trademark Applications

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twiliio trademark

Trademark EU

Here’s the latest Trademark Applications from the EU trademark offices, filed from 22 to 24 July 2016

Only three of the 458 applications REALLY jumped out at me, and that’s the below:

I spotted this application for Hub Dot in class 35, which is the same class as you’ll find HubSpot. It immediately called Hubspot to mind to me, and I assumed that HubSpot would object, but actually, Hub Dot already filed and successfully registered a trademark…
hub dot trademark

Curious. So I looked into it, and I’m not 100% convinced (unless they are doing trademark policing or have someone like me trawling the trademark registry) that Hubspotwould know about it, because here’s the “search report” that the European Trademark Office did in respect of the application:

[embeddoc url=”https://brianconroy.com/wp-content/uploads/2016/07/DOT.pdf” download=”none”]

In short summary, all the people on this list would have been notified that Hub Dot had lodged their application, but nobody else would have been. Obviously HubSpot aren’t on that list, so absent trademark monitoring, they are unlikely to know about it. If you don’t know about it, you can’t object to it.

I find it very surprising that only ‘dot’ was focussed on in the search report, because, if nothing else, the caselaw says that the first word, or the start of a word is generally more important in terms of creating an impression on the general public and in likelihood of confusion.

So, Hubspot people, if you’re reading about this for the first time, Hub Dot is a a thing.

[embeddoc url=”https://brianconroy.com/wp-content/uploads/2016/07/Hub-Dot-Registration.pdf”]

Sky TV have applied for a trademark for Sky Original. Now, there is definitely a ‘Sky Original’ TV package available in Ireland, but If I had to guess, I would have thought this is more likely to be the name for a new (or re-branded) TV channel:

sky original trademark

Twilio have been busy applying for Trademarks in the UK and EU over the weekend. All that interests me in this particular trademark is whether they will get it or not, because for me, this looks for all the world like a button you would get on an item of clothing, and I’m interested to see whether that will be held distinctive in another class (the technology ones) where it probably wouldn’t be in the clothes class:
twiliio trademark

 

In any event, here’s the rest of the EU Trademark Applications for 22 to 24 July 2016:

[embeddoc url=”https://brianconroy.com/wp-content/uploads/2016/07/EUTM-25-July-2016.pdf” download=”none”]

About the author 

Brian Conroy

I am a Trademark, Corporate and Commercial Litigation Solicitor with a background in the media industry. I specialise in Data Protection, Media, and Intellectual Property Law, both contentious and non-contentious. I trained with McCann FitzGerald in Dublin, and spent 13 years working within the Denis O'Brien owned Communicorp Group of radio stations. For further information or to arrange a consultation or call back phone Leman Solicitors on 01 6393000

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