Trade Mark Infringement

Our team can help you enforce your rights and defend challenges against or unauthorised use of your trade mark. Any trade mark infringement can cause real damage to a successful brand – not just through lost revenue but by undermining the very brand itself through substandard product.

Whenever you suspect infringement, it is essential, therefore, that you seek professional advice as quickly as possible in order to protect your position.

Our Trade Mark Attorneys and Lawyers advise clients on the UK, European and worldwide protection against a number of forms of trade mark infringement including:

  • Monitoring worldwide trade mark registers for potentially conflicting trade marks.
  • Taking action for trade mark infringement.
  • Advice on and management of anti-counterfeiting.
  • Passing off.
  • Unauthorised use in advertising or packaging.

A new company is using our name – what can I do?
The trading name or brand of a company (your ‘trade mark’) is a very valuable asset of any business.  It sets apart your company and forms the basis of your reputation.  It can indicate the quality of your product; be an effective advertising tool and a vehicle for investment.  It is an important asset and it is understandable that you are aggrieved that another company is using your name.

There may be several things you can do depending on whether your trade mark is registered. If it is a registered trade mark, then theoretically you have the right to stop anyone using your name on the same or similar goods.  A registered trade mark is much stronger than an unregistered one and is therefore easier to protect.

If your trade mark is not registered then we would have to establish that:

  1. The other company was deliberately trading off your reputation; and
  2. as a result, this created confusion in the mind of the public; and
  3. this caused you financial damage.

All three factors have to be established to be successful when the trade mark is not registered.

If you value your brand and company name then you should consider making an application to register the trade mark. Remember that registering a company name at Companies House does not give you an exclusive right to use that name – it is simply a register.

Take care when alleging infringement
If you do suspect any infringement of your trade mark, you must take particular care in any action you take. We would strongly recommend taking specialist legal advice straightaway. In particular if you allege an infringement or threaten legal action, which turns out to be groundless, you could lay yourself open to legal action by the other side in respect of any unjustified threat.

Can I object to someone else’s trade mark?
It is possible to object to the registration of a trade mark. A registered trade mark facilitates the process of opposing the registration of a conflicting trade mark.

Someone infringing your trade mark? Contact us today
If you think someone is using your branding, contact our experienced team today.

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