Our intellectual property experts are knowledgeable in a wide range of issues in regards to intellectual property rights, and advise on strategies to protect intellectual property and trademarks. Our legal experts advise on patent ligation, domain name law, licensing, prosecution, and litigation proceedings which aim to protect important assets.
We have an expert team who have an excellent reputation in assisting individuals and businesses to protect and preserve their intellectual property rights.
They are experienced, knowledgeable, and provide bespoke advice in regards to:
- Anti-Counterfeiting - Prohibits competitors from copying brand ideas and product impersonation.
- Domain Name Disputes - These attempt to preserve and protect domain name disputes.
- Design Rights - Aims to prohibit competitors from copying your designs and design ideas. Design rights protect the design for 10 years.
- Copyright Issues - We advise on ownership and copyright issues and infringement.
- Trademarks and Brands - Our team are experts in litigation disputes, brand arrangements and advise on protection for brands.
- Patent Litigation - Our team cover a range of patent litigation including infringement, exhaustion of rights, as well as licensing disputes.
Intellectual property law provides greater assurance, protection, and peace of mind for new and existing businesses, it encourages them to create unique ideas with the added assurance that there is an added degree of protection from competitors impersonating their ideas. There can be devastating consequences for a business who have not protected their patents, trademark or designs, the loss of valuable intellectual property rights can damage a business reputation, and future profits, if not protected appropriately.
Trade Mark Issues
We have a high success rate for resolving simple and complex trade mark issues, and protection for trademarks. Trademarks are just as important as intellectual property to differentiate your business from competitors. Trade marks consist of a brands unique logo, packaging and its unique brand design. Our team is knowledgeable in litigation, licensing and prosecution.
Our legal experts in trademarks will be able to assist you with: How to apply for a trade mark, giving advice in regards to trade mark registrability, advice in regards to performing trade mark clearance searches, we advise clients what to do if their trade mark has been infringed, or if a competitor has infringed your trade mark rights. The areas of law our legal experts cover include:
- Clearance searches
- Protection
- Litigation and trade mark disputes
- Registrability issues
- Franchise agreements
IP & Trade Marks FAQ
The definition of the trade mark Acts (1994) is defined as:
“any sign capable of being represented graphically, which is capable of distinguishing goods or services, of one undertaking from those of other undertakings.”
A trademark is deemed to be infringed when a competitor or another brand impersonates them by creating an identical logo or name, or identical likin to the brand. When the sign used by another brand is so similar it is considered to cause confusion because of the similarity
Criminal remedies, and civil remedies. The available remedies for trademark infringement are damages, injunctions or accounting for profits (civil remedies).
The protection offered for brands includes prevention of brand imitation through passing off and infringement.
Passing off claims is complaint with the law that: “A man is not to sell his own goods under the pretence that they are the goods of another man” (Perry v Truefitt (1842))”. A fundamental difference to differentiate passing off and infringement is that trademark concerns registered rights, while passing off is concerned with rights which are not registered.
Passing off – Concerns misrepresentation, in regards to the goods or businesses, which attempt to lead people to believe that it is connected with your goods or services when they are in fact not connected. In passing off claims the individual will need to show evidence that the public had a degree of confusion over the brands due to their similarity. Our legal experts can represent passing off claims, as well as infringement.
Infringement – Concerns a product being imitated by a competitor, and used without obtaining permission first. Passing off aims to safeguard brands whose rights are not registered.
Under EU and UK law a trademark is infringed when a brand uses an identical symbol for an identical product. An identical sign for products which are related, where the sign is so alike that it causes consumers to become confused due to the likeness of the products.
Such a matter will depend on the local jurisdiction of each country. Generally, if the mark is “famous” therefore, you are likely to succeed to enforce your famous trademark rights in a WTO Member even if the mark is not registered.
Yes, there is a procedure to file a single application to register your mark in more than one country. Upon successful registration the mark rights will be enforceable in all of the countries where the registration occurs even if the mark is not a “famous mark”.
This act is clearly punishable and the offender depending on the facts of the case is likely be charged with a crime of theft, and we can help you to protect your rights, however, such a matter will depend primarily on your success to present evidence that the mark is yours.
Yes, trademarks can be considered company asset which can be assessed to have a separate value in your balance sheet. You can exploit your trademark right to provide a license to other to use it against the payment of a royalty. Furthermore, it can be sold or disposed of or become subject of any other legal transaction as the company assets.
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