Nature of Intellectual Property: Brands | Passing Off | Trade Marks
Assessment of Trade Marks | Application & Registration in the UK | Objecting to Applications | Revoking Registrations | Registration Overseas | Cease & Desist | Infringement & Enforcement | Passing Off
Introduction
Trade Marks guarantee the origin of a trader’s goods and/or services. Therefore these are valuable and powerful tools that promote your business (business name) and products (product brand name) to the exclusion of others. Every business uses a trade mark, with some more effectively than others. There are a wide variety of trade marks that can be used, including single words and phrases; images, logos, and 3D; colours, sounds and smells; collective and certification; multimedia and motion. It is also usual for organisations to use a combination of styles/techniques along with trade mark registration strategies in order to ensure their mark is distinctive and therefore capable of registration and enforcement.
- How do you know whether the trade mark that you use is unique to you and not already in use by another? You ought to undertake due diligence and research to ensure you are not infringing someone else’s trade mark.
Caution: Simply reviewing the UK Companies House website and assessing company names is not sufficient
Risk: You can be liable for compensation, potential damages, destruction of your products, take down and removal of your website, and loss of your domain name should you infringe another’s trade mark.
Solution: I can provide you with an assessment of your trade mark, identify likely risks, assist you with registration and protection of your trade mark.
Trade Mark Registration ®
An excellent method to help shield you from allegations of infringement and an effective instrument to enforce your statutory rights. Trade mark registration ought to be obtained in each market and relevant country in order to protect your business and products from counterfeits and unfair competition.
Registration of one or more of your trade marks can be obtained in most countries and for all types of businesses, products that you sell, and services that you offer.
Give your business credibility, enhanced value, greater protection, and comfort for your clients and customers.
A variety of services (non-exhaustive) are available to Converse Law clients, including:
– alternative registration options to suit you;
– to oppose an application that conflicts with your application / registration;
– to defend against someone who opposes your application;
– to revoke another’s registration / defend your registration against revocation.
Passing Off ™
Not all countries recognise this way of protecting your unregistered trade marks and brands. Nonetheless, and in the absence of a registered trade mark, UK organisations may be able to claim that another business uses a confusingly similar trade mark or branding that effectively mimicks that organisation’s legitimate trade mark and thereby tricks consumers into buying the products of the impersonator.
A genuine claim of Passing Off is an effective method to guard against unlawful use by another of your unregistered trade marks, and it is very well recognised by the UK courts. It is however a complex area of law and one that can be challenging to substantiate and proove. As a consequence it can often be an expensive way to assert your rights – hence why trade mark registration is often preferred! Nonetheless given good evidence and extent of use that you have made of your unregistered trade mark, Passing Off is a solid common law right for you to rely on.
Conversely, unscrupulous traders also attempt to nullify and scare off their competitors by claiming Passing Off when in fact no legitimate claim exists.
Whether you face an allegation of Passing Off, or you may wish to bring a Passing Off claim against an unorthodox trader I will be able to assist you.
The (Pain Point)
Each client has its own challenges, hurdles, and general pain points. You may be short on time, cash and investment, knowledge, or an unexpected problem has arisen. You will want an accessible and approachable advisor who can easily and quickly guide you through the maze. Ultimately you just need the answer, to get the job done, to be able to move on and focus on what you want to do. To help me understand what you need please feel free to complete the enquiry form at the Contact page.
All enquiries are considered highly confidential, and there is no charge/obligation when submitting your enquiry. I will always endeavour to help you where I can.
The Response
At Converse Law we strive to put the client first. This means understanding the client’s pain points and ambitions, and moreover to help a client appreciate its risks. Fees and timescales are always agreed with you in advance, which includes working towards your preferred deadline. Where possible and subject to a defined scope of work fixed fees can be agreed with you. We do not extend the scope of work or incur additional costs without your advance knowledge and confirmation. You will be provided with direct contact details for me so that we are able to work together effectively and efficiently.
I encourage you to take a look at the Case Studies (updated regularly) and to visit the About page. I look forward to hearing from you…
Why Chosen
- Know your rights, understand your risks, and take advantage of those opportunities to enhance your company value and protection
- Use an experienced and qualified lawyer who is able to deal with all aspects of brands, Passing Off, and trade marks, whether such rights arise in the UK or overseas
- Do not be bullied by others and obtain solid legal advice that you can rely on and allows you to set out an effective strategy
- Use a lawyer who puts their client needs first, is readily available, responsive, capable, and will support you with your trade mark or Passing Off issue