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Trade Mark Disputes
Smart trade mark opposition and protection services at a cost-effective rate.
Trademark Infringement Solicitors
The UK Intellectual Property Office (UKIPO) and the European Union Intellectual Property Office (EUIPO) do not intervene to enforce trade mark rights or prevent unauthorised use. This responsibility lies entirely with trade mark owners, who must take steps to protect their intellectual property and prevent trade mark infringement.
Trade mark infringement occurs when someone uses a mark that is identical or confusingly similar to an existing trade mark, potentially misleading customers and harming the brand. To address this, trade mark owners must actively monitor for infringement and file oppositions where necessary. Oppositions can be raised against new trade mark applications that conflict with your rights.
If you have found another company using an identical or similar name, or want to oppose a trade mark filing. We can assist you with identifying if the mark falls under the specific category of infringement.
How can Freeman Harris’s Trade Mark Lawyers help you with your matter?
At Freeman Harris, we specialise in resolving trade mark infringement and trade mark disputes. We can assist in protecting and strengthening your trade mark rights through proactive monitoring and effective legal actions.
If you are facing a trade mark issue or need advice on trade mark infringement, contact us today. We will outline our services and provide a clear breakdown of associated costs, ensuring you receive expert guidance tailored to your needs. Please contact our team to discuss your matter further.
Trade Mark Disputes Contents
Trade Mark Disputes Team
Talha Fazlani
LawyerTalha specialises in intellectual property and commercial disputes and holds a PG Certificate in Intellectual Property. He assists clients with trade mark opposition, infringement disputes and other measures to protect their trade mark rights. He supports businesses in defending their brands and resolving complex trade mark disputes.Lana James
ParalegalLana supports clients with trade mark disputes and intellectual property matters. She assists with legal research, document preparation and gathering information for opposition and infringement matters. She helps ensure matters progress efficiently and clients receive appropriate support throughout the process.
Trade Mark Dispute Fees
Service
Fees
VAT
Total
Trade Mark Oppsition
From £900
£180
From £1,080
Trade Mark Infringement
From £300 per hour
£60
From £360 per hour
Trade Mark Licensing
From £800
£160
From £960
Common Trade Mark Dispute Questions
- How do you keep a watch on trade mark infringement?
Proactively setting up a Watching Service is an effective way to protect your trade mark. This service alerts you to potential conflicts, such as new trade mark applications or registrations that mimic your brand. By staying informed, you can take swift action to prevent infringement and shield your business from harm.
The Watching Service can also extend its scope to monitor company names and domain name registrations that might infringe on your trade mark, ensuring comprehensive protection across all relevant areas.
Please discuss watching service with us if you would like to use the service.
- What is the difference between trade mark opposition and trade mark infringement, and how do I begin action?
Trade mark opposition occurs during the registration process when a party objects to a new trade mark application because they believe it conflicts with their existing rights. This is a preventative action and is typically handled through the UKIPO or EUIPO by filing a notice of opposition within the relevant opposition period.
Trade mark infringement, on the other hand, happens after a trade mark is registered. It involves unauthorised use of a registered trade mark that could confuse customers, dilute the brand, or cause harm to the trade mark owner’s business.
To initiate opposition, you must submit a formal application to the Intellectual Property Office concerned, outlining the legal grounds for your objection. For infringement, you can start by sending a cease and desist letter and, if necessary, proceed with legal action in court to enforce your rights. Seeking professional guidance is highly recommended in both cases to ensure the best possible outcome.
- What are the criteria for trade mark infringement under the Trade Marks Act 1994?
Under the Trade Marks Act 1994, trade mark infringement occurs when a person or business uses a mark similar to or identical to a registered trade mark without the owner’s consent. Key criteria include:
- The infringing mark being identical or deceptively similar to the registered trade mark.
- The goods or services being identical or similar, creating a likelihood of confusion among consumers.
- The unauthorised use damaging the reputation or distinctiveness of the registered trade mark.
- Use of the mark causing unfair advantage, even if it does not directly confuse consumers (e.g., exploiting the trade mark’s established reputation).
The Act provides comprehensive protection to registered trade mark owners, ensuring they can take action if these conditions are met.
- How do I handle trade mark matters internationally?
Handling international trade mark matters requires strategic planning, as trade mark laws vary across jurisdictions. One of the most efficient ways to secure international protection is through the Madrid Protocol, overseen by the World Intellectual Property Organization (WIPO). This allows you to file one application to cover multiple countries that are members of the Protocol.
However, some businesses target specific markets outside these jurisdictions. In such cases, separate trade mark applications in the target countries may be necessary. Monitoring for potential infringement globally is also crucial, and customised watching services can help you take swift action to protect your rights in different regions. An experienced trade mark solicitor can guide you through the complexities of international trade mark law.
- How do I make a claim for trade mark infringement?
To make a claim for trade mark infringement, the first step is to gather evidence of the unauthorised use of your trade mark, such as infringing products, marketing materials, or online listings. You will also need to prove that the infringing act meets the legal criteria for trade mark infringement, as outlined in the Trade Marks Act 1994.
Once evidence is collected, the typical process involves sending a cease and desist letter to the infringing party, detailing the violation and demanding they stop using the mark. If the matter is not resolved amicably, legal proceedings can be initiated, either by filing a claim in court or, in simpler cases, submitting evidence to the relevant intellectual property office.
Legal representation can help strengthen your claim and manage the process efficiently, from issuing warnings to pursuing litigation if necessary, ensuring your trade mark rights are upheld.
Contact our Trade Mark Disputes Team
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