Intellectual Property Solicitors London

Intellectual Property FAQs

• What does an IP lawyer / solicitor in London do?

  An IP lawyer / solicitor advises businesses and individuals on protecting, commercialising and enforcing their intellectual property rights. This includes registering trade marks and designs, advising on copyright ownership, drafting licensing agreements, and taking action against infringement. In London, IP solicitors frequently act before the Intellectual Property Enterprise Court (IPEC) and the High Court for disputes involving brands, creative works, product designs and inventions. We list a few examples from our recent work on the page above.

• How do I find an IP solicitor in London?

  A question we need to cover. Look for a firm with demonstrable experience across the main IP assets trade marks, copyright, designs and patents, and with named lawyer solicitors who hold relevant qualifications. CITMA membership indicates recognised expertise in trade mark law specifically. Freeman Harris is a London IP firm led by Talha Fazlani, a CITMA member, and Ian Freeman, with experience in trade mark registration, copyright disputes, design rights and IP licensing for businesses of all sizes.

• Do I need to register my trade mark?

  Registration is not mandatory, but it gives you exclusive rights across the UK (or the EU for a European Union trade mark) and makes enforcement significantly easier and cheaper. Without registration, you can rely on passing off, but this requires proving an established reputation and is more difficult and expensive to pursue.

• How long does trade mark registration take?

  UK trade mark registration typically takes four to six months if there are no objections or third-party oppositions. The application is examined, and if accepted, published for a two-month opposition period before registration is granted.

• Who owns copyright in work created by an employee?

  Under UK copyright law, copyright in work created by an employee in the course of their employment is owned by the employer, unless there is a written agreement to the contrary. For work created by freelancers or contractors, copyright remains with the creator unless it has been formally assigned in writing.

• What is the difference between a trade mark and copyright?

  A trade mark protects brand identifiers such as names, logos, and slogans, and is a registered right. Copyright protects original creative works including text, images, music, and software, and arises automatically on creation without registration. The two can overlap, for example in a logo that is both a registered trade mark and an original artistic work protected by copyright.

• What is the difference between registered and unregistered design rights?

  A registered design gives you exclusive rights over the visual appearance of a product for up to 25 years and is easier to enforce because you do not need to prove copying. Unregistered design right arises automatically but only prevents deliberate copying, lasts a maximum of 15 years or 10 years, and does not cover surface decoration. For commercially important designs, registration is advisable.

  The Supplementary Unregistered Design (SUD) offers a third option, providing three years of automatic protection for designs first disclosed in the UK.

• Can I stop someone using a similar brand name?

  If you have a registered trade mark, you can take action for infringement if another party uses an identical or confusingly similar sign for the same or similar goods or services. If your mark is unregistered, you may have a passing off claim provided you can demonstrate an established reputation, a misrepresentation, and resulting damage.

• What is an IP licence?

  An IP licence allows another party to use your intellectual property rights, typically in exchange for a fee or royalty. Licences can be exclusive, sole, or non-exclusive. A well-drafted licence agreement protects your ownership and sets clear boundaries on how your IP can be used.

• How do I protect software?

  Software is primarily protected by copyright, which arises automatically. Database rights may also apply to structured data. Patent protection for software is available in limited circumstances where the software produces a technical effect going beyond normal computer processing. We advise on the most appropriate combination of protections for your specific product.

• What is a cease and desist letter?

  A cease and desist letter is a formal written notice to an infringing party demanding that they stop the infringing activity, usually within a specified timeframe, failing which legal proceedings will be issued. It is often the first step in IP enforcement and can resolve matters without the need for court action.

• Can I protect a domain name as intellectual property?

  A domain name itself is not a form of intellectual property, but it can conflict with registered trade marks and give rise to disputes. If someone registers a domain name that is identical or confusingly similar to your trade mark, you may be able to bring a complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP) or the Nominet Dispute Resolution Service for .uk domains, which is faster and less expensive than court proceedings. Registering your brand as a trade mark before disputes arise is the most effective form of prevention.

• Do IP solicitors offer fixed fees?

  Many IP matters, particularly trade mark and design registration, are offered on a fixed fee basis, making costs predictable from the outset. We charge fixed fees for registration work and provide clear cost estimates, and fixed fees where we can, for dispute and enforcement matters before beginning.

  Litigation costs vary depending on complexity and the forum, IPEC proceedings are designed to be more cost-accessible than full High Court litigation, with costs recovery capped at £60,000.