August 26

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BHS Trademarks – British Home Stores could live on….could it?

By Trademark Ninja

August 26, 2016

BHS Trade Mark, BHS Trade Marks, BHS Trademark, BHS Trademarks, British Home Stores TM, British Home Stores Tradeamark, British Home Stores Trademarks

BHS Trademarks

You’ve probably heard of BHS? British Home Stores? Or British Home Stores Direct? Do you know the BHS Trademarks?

There was quite a big Broo Ha Ha (that’s the technical term) about its High Street Stores Closing down recently. The last store is closing this weekend, apparently. There’s huge controversy about the way the company was offloaded for nominal sums and the amounts of money certain parties are alleged to have taken out of the company leaving employees and pension fund high and dry. Yeah, all of that.

It’s not my place to comment on that, but it IS my place to comment on this

On 08 August 2016, Mr Andrew Joseph Hart, Company Director incorporated a new company….BHS Stores Limited

Here’s the details – https://beta.companieshouse.gov.uk/company/10317894

And the application for registration

You can probably see where this is going…..

Well if you cant, it’s going here:

BHS Trademark Applications

Three trademark applications have been filed by the said Andrew Joseph Hart:

  1. BRITISH HOME Bhs STORES
  2. BHS Stores
  3. British home stores direct

You’re probably thinking to yourself, “what, can he do that?” and some of you are probably thinking “Curses, I wish I had thought of that”

The answer to that question by the way is….it’s a little bit complicated.

Here’s the UK/EU trademarks incorporating the words British Home Stores:

British Home Store Trademark Search Results

 

And there’s a lot more incorporating BHS in the classes he has applied to register the trademarks in, namely Trademark Classes (24/25)

You can see a list of all those Trademarks HERE

Interestingly, whether Mr Hart realises it or not, that doesn’t actually entitled him to use British Home Store or BHS in relation to shops (which would be class 35 of the TM classes) but the actual specific goods (rugs, clothes etc) he has applied for registration in respect of. So, if he got the trademarks (and I don’t think for a second he will) then he could make BHS Stores Rugs, but not necessarily sell them in a shop called BHS. Stinger. Common rookie trademark mistake if I had to guess, but I could, of course, be wrong.

Mr Hart, I salute your entreprenuerial spirit and the £760 in fees I  believe you have wasted in making the applications! There’s a whole head of trademarks registered which should prevent you from getting these, but as against that, it’s very common for liquidators to fail to realise value for trademarks, and if the companies (BHS limited and BHS International Limited) are wound up, and the existing trademarks not transferred or assigned before that, who knows, you might just be quids in. So it could be worth a crack!

God speed!

Trademark Ninja

About the author

I'm A Ninja. You know, Ninja Stars, Ninja Nunchucks, all that sort of good stuff. I'm dispensing truth and justice Ninja Style.....in a very civilised and non-litigious kind of way. Unless you make the Ninja angry, then KARATE-CHOP! Fine, fine. I'm not a Ninja. I'm Brian Conroy, Trademark Agent and Solicitor in Dublin Ireland. Find me (in non Ninja form) at www.brianconroy.com

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