TRADEMARKS A review of the intellectual property of Lofthouse of Fleetwood Ltd and how it can help you

What is a TRADEMARK? Any sign that has some distinctive character It can be in the form of:-

What is a TRADEMARK?  Words ESSO, McDonalds, Sony, Fisherman’s Friend, Letters/Numerals IBM, AT&T, BMW, No 5, FF Slogans “Probably the best lager in the world” “Sind sie zu stark, bist du zu schwach”

What is a TRADEMARK? It can be any sign that has some distinctive character Such as:-  A Device or Logo  Or even a Colour orange

What is a TRADEMARK? It could be:-  A Shape of Goods or Packaging  A Sound  Hamlet cigars - air on a G string

What is a TRADEMARK?

Trademarks Lofthouse’s Original Fisherman’s Friend First mark registered on 7th Dec 1963 Registration number B Class 5 Jurisdiction - England and Wales

Trademarks Lofthouse’s Original Fisherman’s Friend The date of registration is very IMPORTANT As it is critical for defence of the TM And it gives priority to other marks by association

Trademarks Lofthouse of Fleetwood has 450 TM registrations  In 18 product classes   All current logos registered in all major markets  Covers over 100 countries

Trademarks What is the VALUE to LoF? The intellectual property has a greater value than any other asset of the Company

Trademarks How long do Trademarks last?  Unlike Patents - TMs last indefinitely   Provided the TM is renewed in time  Provided use of the TM can be demonstrated  Provided the renewal fee is paid

Trademarks Incorrect use makes Trademarks vulnerable  Always use the logo correctly – as shown in the Packaging Manual  Never abbreviate or corrupt the logo  Always acknowledge the ownership of the mark

Trademarks How can Trademarks help you?  Provide the consumer with a quality standard  Trademarks provide Product Recognition  Prevent unfair competition

Trademarks Preventing unfair competition The Following are past litigation successes:-  Products have been withdrawn  Packs forced to change  Manufacturers lost the trust of the trade

Trademarks Litigation Germany/Holland Skipper 1986

Trademarks Litigation Holland- Strong & Fresh 1986

Trademarks Litigation Denmark - Fresh & Free 1989

Trademarks Litigation UK Bosun’s Mate 1990

Trademarks Litigation Germany Captain’s Fresh 1990

Trademarks Litigation Germany Vivil Friendship 1994 Bag getup moved horizontal to vertical Stand closed at ISM Vivil made more prominent than Friendship

Trademarks Litigation Germany Athos T Shirts 1996

Trademarks Litigation Germany Fickerman’s Freund 1998

Trademarks Litigation Taiwan Counterfeit Product 2002

Trademarks Litigation Denmark Fisherman Vodka 2002

Trademarks Litigation Denmark Fisherman Vodka 2002

Trademarks Litigation Denmark Fisherman Vodka 2002

Trademarks Litigation  Over 120 cases on file  Almost 75 cases involve Germany  Many “Internet” warning letters  Very successful in defending our position

Trademarks What do you need to do?  Inform LoF of any conflicting products  Follow the rules from the Brand Manual  Always use Trademarks correctly  Never give permission for others to use LoF Trademarks

Please remember to use Lofthouse of Fleetwood Trademarks correctly