Why arent regimental colours registered as trade marks?

#1
Why aren't regimental colours registered as trade marks? Tie manufacturers, amongst others, use regimental colours often, and if they were registered trade marks, a portion of the money from the sale would be a source of revenue for the regiment's veterans' association, for example.
 
#2
mr.fawlty said:
Why aren't regimental colours registered as trade marks? Tie manufacturers, amongst others, use regimental colours often, and if they were registered trade marks, a portion of the money from the sale would be a source of revenue for the regiment's veterans' association, for example.
That sounds like a perfectly sane and rational idea. It won't happen....
 
#3
Thanks for the idea Mr F. I've just registered a few designs with the Patent Office - Horse Guards will be hearing from me shortly.

A private island somewhere warm beckons ........
 
#4
According to the Trade Marks Act of 1994, a trade mark is:

any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

A trade mark may, in particular, consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging.
The goods or services requires thinking, although one could argue that the army provides a service.

Section 3(1)(d) goes on to say that the following can not be registered:
trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade
It could be that regimental colours have become commonly known, but this could be argued.
 
#5
mr.fawlty said:
According to the Trade Marks Act of 1994, a trade mark is:

any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

A trade mark may, in particular, consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging.
Aren't Colours specifically designed to allow one to distinguish service providers? Kind of the point, wasn't it?
 
#7
Sorry to pi$$ on one's parade but I can think of at least two schools off the top of my head whose school ties are identical to those of the Brigade of Guards.
 

Biped

LE
Book Reviewer
#8
Sandbanks said:
Sorry to pi$$ on one's parade but I can think of at least two schools off the top of my head whose school ties are identical to those of the Brigade of Guards.
So, get them to fecking cough up then!
 
#9
If they have bot been registered when they where first brought out then it is unlikely that they will be allowed retrospectively
 
#10
Sandbanks said:
Sorry to pi$$ on one's parade but I can think of at least two schools off the top of my head whose school ties are identical to those of the Brigade of Guards.
and Tesco.
 
#11
mr.fawlty said:
Why aren't regimental colours registered as trade marks? Tie manufacturers, amongst others, use regimental colours often, and if they were registered trade marks, a portion of the money from the sale would be a source of revenue for the regiment's veterans' association, for example.
If something is a Trademark, in order for it to hold up that Trademark in court, I thought it had to bear 'TM' on it, either embossed or typed on, etc

I can just see tipping up at work with the TRF and Flags all having 'TM' embossed on them..

Nice idea but would probably cost more money to get into place and impose than it ever makes in revenue.
 
#13
No, I'm talking about neckties, socks, boxers, dressing gowns, and other such articles made in regimental colours. TM can be placed on the tag of the article in question, if necessary.
 
#15
Hello,

I believe the Ministry Of Defence tried to trade mark the red white and blue roundels recently,only to be defeated in court by Ben Sherman who had been using them for years.

tangosix.
 
#16
mr.fawlty said:
No, I'm talking about neckties, socks, boxers, dressing gowns, and other such articles made in regimental colours. TM can be placed on the tag of the article in question, if necessary.
mmmmm fetching in Brunswick Green, or Maroon, or Prussian Blue. Go on mate, you'll look a right tool.....
 
#17
A few years ago this came up as many countries have trade marked their DPM patterns, not us though. A shame really as it would have got a few pennies back in the MOD retirement fund. :(
 
#18
Canadian CADPAT is patented. I don't see why, if Burberry can trademark their check pattern, British regiments can't trademark their colours. Tons of articles are made using these colours, and it would be a source of revenue for the regiments' veterans associations or for families that need help.

Here's the trademark Burberry check, which is registered in both colour and line versions.
LINK
 
#19
Images of men wearing the Canadian Mounted Police uniform are registered as a trade-mark Link.

If they can do it then why not British regiments?
 
B

benjaminw1

Guest
#20
Sandbanks said:
Sorry to pi$$ on one's parade but I can think of at least two schools off the top of my head whose school ties are identical to those of the Brigade of Guards.
And my old one too (Wheelwright GS)
 
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