Trade Marks

Registered Trade Marks

Small and medium sized businesses are able obtain basic intellectual property protection and enhance value to balance sheets by obtaining a registered trade mark.

Unique and recognisable names of a business and its logo, strapline, and names products or services are all able to be registered as trade marks. These brands distinguish your business, products and services from competitors - a unique trading presentation of the business to the market.

Simply registering a company name, logo or symbol does not grant a business the rights in the name. In addition, owners of prior rights in the name are able to prevent the company name being used, in the worst case, by obtaining an injunction.

All businesses are well advised to check relevant Registers of Trade Marks for prior trade mark rights owned by other businesses trade marks to prevent problems in the future. Prior trade mark rights, where visually, orally or conceptually similar may lead to allegations of trade mark infringement and legal proceedings.

By not doing so, as the business becomes more successful and more well known, it is an ever increasing risk that competitors will take objection and or threaten proceedings. Businesses which have not done these checks risk being victims of their own success. Our trademark law firm is able to assist with registration of logos, symbols and trading names.

Value of Trade Marks

The value that a trade mark adds to a business may far outweigh the investment required to obtain it. Protecting an unregistered trade mark or business name is usually far more difficult and comes at greater expense. Trade marks are a cost-effective means of protecting unique names of businesses, products and services. Owning registered rights means that business are in a better position to:

address misuse by other businesses use in marketing and advertising materials;
affixing signs to goods or packaging;
counterfeiting;
use on different goods and services;
address what is known as dilution of the distinctive character of the trade mark;
enhance the balance sheet of their business;
import and export goods or services; and
assess the strength of trade marks and trademark portfolios.

Misuse of a business, product or service name may lead to the direct loss of revenue and tainting of the quality associated with the business by competitors offering inferior or poor quality substitute goods and services, affecting hard earned standing in the market.

Trademark Law Firm Services

Searching for prior rights and registrations and drafting specifications are skilled tasks with which we are able to assist.

We deliver a complete range of services with regard to trade marks which include:

legal advice on registration of trade marks;
drafting trade mark specifications, and reviewing draft specifications prior to filing for emerging businesses wishing to obtain robust protection against unfair competition;
advising on filing trade mark applications in the UK and in worldwide designations;
monitoring the trade mark registers to ensure registered rights are not prejudiced;
searches of trade marks registers to detect potential infringement and obstacles to registration;
pursuing and contesting opposition proceeds to contest third parties' entitlements to register trade marks; and
trade mark portfolio management: a service that takes in renewals and monitoring of new applications that should not co-exist on the Register of Trade Marks;
drafting, checking over and vetting contracts containing licences of trade marks and associated agreements;
advising on sponsorship, franchising, merchandising and other forms of licensing trade marks.

Benefits of Registration of Trade Marks

Registration prevents others using a substantially identical or similar trade mark in relation to the goods and services for which the trade mark is registered, or similar goods and services. Applications for trade marks may be made prior to its use in the market, and no reputation in the mark is required for registration.
The value that a trade mark adds to a business may far outweigh the investment required to obtain it: protecting an unregistered trade mark or trade name is usually far more difficult and comes at greater expense.
Licensing of a brand provides an alternative avenue to growing a business successfully. Whatever your business, its brand is key - it is the identifying mark that the public associate with your product or services. What protects your brand is your trade mark.
Facilitation of licensing programmes, franchises and increased control of use of trade mark.

Registered Intellectual Property

Our solicitors provide trademark registration and associated legal services and advice to business, to secure credible and protectable trade marks which are able to be utilised and enforced to protect hard earned brand names and identities from infringement and parallel imports in the UK and Europe. Our trademark solicitors & lawyers in London have also advised on international trademark applications to designations around the world to extend the protection overseas. We have applied for and obtained trade marks for companies engaged in medical services, football, global distributers of IT solutions, computer games, and:

devised programmes to address serial trade mark infringement;
expanded trade mark portfolios to consolidate trade mark protection;
advised on when trade mark rights are exhausted in the context of international trade;
successfully defended claims of trade mark infringement against growing companies, and resisted opposition proceedings;
advised businesses unknowlingly importing counterfeit goods, and negotiated favourable outcomes;
acted for companies looking to extend trade mark protection by innovative means; and
negotiated fortfeiture of wrongfully acquired trade marks from competitors, distributors who have unlawfully seen fit to register the ultimate rights' owners trademarks.

Call us to enquire about our services and what we are able to do to protect your business and extend the breadth of intellectual property rights protection to protect against unfair competition and trademark infringement.

London Business Solicitors & Lawyers

Our Solicitors in London assist businesses in the UK and internationally to create options, achieve realistic and attainable goals, and providing guidance to assist decision-making in a commercial context.

For more information, legal advice or to find out more about the legal services we provide, call 020 7353 1770 or contact us online.