I came across such a tool the other day. It said on it:
JARKEY
PAT. PEND. DES. REG.
BRIX DESIGN
MADE IN DENMARK
The trade mark was registered in 1995 in the USA by Brix-Hansen of
Denmark.
Mysteriously, they have not taken the elementary precaution of
registering Jarkey in Europe through the international Madrid or
Community systems let alone in the British system, even though it is so
valuable as a marketing tool.
The invention is called a Tool for breaking a vacuum in a preserving jar closed with a screw cap. On the right is the main drawing.
It sounds very simple to me - pressing down on the lever exerts
pressure on the sealed cap of a jar and breaks the pressure seal,
making it easier to then twist it open with your hands.
Nevertheless it
has been patented in Britain among other countries such as China,
Canada and Poland.
There is also a British registered design for it, 2028129. If
it had been my invention I would have registered the trade mark
in major countries and regions and not gone to the trouble and expense
of patenting it and registering its appearance.
People can use a
(verbal) trade mark to ask for it on the telephone or on the Web, which
is far harder with a patent number. It is also easier to prove use than
when arguing over slightly different functions of competing products in
a patent court case.
Steve Van Dulken is a world-renowned expert on inventions and how they
relate to businesses. You can read more of Steve’s writing on the British Library website.
Why not sign up to our small business newsletter and learn more?
Discuss this in our forum
More from Steve Van Dulken here

