Trade Mark Infringement Disputes Lawyers

A registered trade mark is infringed when someone uses a sign that is identical or similar to the registered mark in relation to goods or services that are identical or similar to those covered by the registration, without the owner's permission. This can include using the mark on products, packaging, advertising, or in any other way that could cause confusion among consumers.

The TMA sets out that a registered trade mark will be infringed by a third party if that third party:

(a) uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered; or

(b) uses in the course of trade a sign and because:

(i) the sign is identical with the trade mark and is used in relation to goods or services similar to those for which the trade mark is registered; or

(ii) the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered; and

there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark and the earlier trade mark; or

(c) uses a sign which is identical or similar with the earlier trade mark which has a reputation in the UK, and use of that sign takes unfair advantage of or is detrimental to the distinctive character of the earlier trade mark.

Typically, most trade marks disputes are based on grounds (a) and (b), and as with the relative grounds for refusing a trade mark, questions regarding the likelihood of confusion are usually determined following a consideration of both parties' respective customer bases, with a finding of confusion being more likely in cases of a flagrant misuse. Ground (c) is more commonly invoked by multi-national brands, which seek to prevent their trade mark being misused by third parties in what otherwise would be unrelated classes.

Should you be concerned that a third party has been using a trade mark that is similar to a trade mark register or have received notice that you are infringing on a third party's rights, please contract our trade mark lawyers/solicitors to discuss your matter further and for a no obligation quotation. Call today or get in touch here.

The most appropriate remedy for your business depends on the extent of the breach. The TMA sets out that the innocent party is entitled to the following remedies:

(a) damages: these would account for the lost profits (or license fee for use of their registered trade mark) that the innocent party will have suffered as a result of the breach;

(b) an injunction: this would prevent (i.e. injunct) the third party from infringing the registered trade mark in the future;

(c) an account for profits: this would require the guilty party to account to the innocent party for the profits that it has made as a result of the breach; or

(d) any other such remedy as is available to them.

Should you become engaged in a trade mark dispute with a third party, our trade mark lawyers/solicitors can advise as to which remedies are most suitable in the circumstances, setting out the same via pre-action correspondence, which is a pre-cursor to formal proceedings. Parties are advised to avoid recourse to formal proceedings where possible, and the majority of trade mark disputes reach settlement informally, via binding undertakings and some form of financial settlement.

The most appropriate remedy for your business depends on the extent of the breach. The TMA sets out that the innocent party is entitled to the following remedies:

damages: these would account for the lost profits (or license fees for use of their registered trade mark) that the innocent party will have suffered as a result of the breach;

1. an injunction: this would prevent (i.e., injuct) the third party from infringing the registered trade mark in the future;
2. an account for profits: this would require the guilty party to account to the innocent party for the profits that it has made as a result of the breach; or
3. any other such remedy as is available to them.
4. A quasi remedy (which typically arises via negotiations, which should be encouraged where appropriate) could also include an agreement between you and a third party in which you agree that you can both continue to use each other's trade marks provided there is no interference from the other, subject to restrictions. This would be classed as a co-existence agreement.

Should you become engaged in a trade mark dispute with a third party, our intellectual property solicitors can advise as to which remedies are most suitable in the circumstances, setting out the same via pre-action correspondence, which is a pre-cursor to formal proceedings. Parties are advised to avoid recourse to formal proceedings where possible, and the majority of trade mark disputes reach settlement informally, via binding undertakings and some form of financial settlement.

You will know if someone has infringed your trade mark if they use a similar or identical mark for goods or services that are similar or identical to yours, causing confusion among consumers. You can take legal action against the infringer, seeking damages and an injunction to stop them from using your mark. It is recommended to seek legal advice from a trade mark solicitor to determine the best course of action.

Unfortunately, the TMA does not prescribe any cause of action for a breach of an unregistered trade mark; however, this does not mean that you have no recourse for a third party's unauthorised use of your intellectual property. Please see our Passing Off page for further information on the protection and enforcement of your unregistered intellectual property rights.

Unfortunately, the TMA does not prescribe any cause of action for a breach of an unregistered trade mark. However, this does not mean that you have no recourse for a third party's unauthorised use of your intellectual property. Please see our Passing Off page for further information on the protection and enforcement of your unregistered intellectual property rights.

If infringement proceedings are necessary, the claimant must file a claim in the appropriate court. The defendant will then have the opportunity to respond and defend their actions. The court will consider the evidence presented by both parties and make a decision on whether infringement has occurred. If infringement is found, the court may order the defendant to stop infringing and pay damages to the claimant.

The defences to an infringement claim in UK law can include:
1) non-infringement, where the defendant argues that their actions did not infringe on the claimant's rights;
2) invalidity, where the defendant argues that the claimant's rights are invalid or unenforceable;
3) prior use, where the defendant argues that they had been using the same or similar mark before the claimant;
4) fair dealing, where the defendant argues that their use of the mark was fair and reasonable.

If someone is using your trademark without your permission, you can take legal action against them. This can include sending a cease and desist letter, filing a trademark infringement lawsuit, or seeking damages for any harm caused to your business. It is important to consult with a lawyer who specialises in trademark law to determine the best course of action.

If your trademark is opposed it means that someone has filed an objection to your application. The opposition process involves a hearing before the UK Intellectual Property Office (IPO), where both parties can present evidence and arguments. If the IPO decides in favour of the opposition, your trademark application will be refused or restricted. If the IPO decides in your favour, your trademark will be registered.

To protect your trademark you should register it with the Intellectual Property Office. This will give you exclusive rights to use the trademark and prevent others from using it without your permission. You should also monitor the marketplace for any potential infringement and take legal action if necessary. It is important to use your trademark consistently and prominently to maintain its distinctiveness and prevent it from becoming generic.

Common causes of trademark disputes include infringement, passing off, and opposition to registration. Infringement occurs when someone uses a trademark without permission, while passing off involves misrepresenting goods or services as those of another. Opposition to registration can occur when someone tries to register a trademark that is too similar to an existing one. Other causes of disputes may include disputes over ownership or licensing of a trademark.

The legal remedies available for trademark disputes include injunctions, damages, account of profits, and orders for delivery up or destruction of infringing goods. The trademark owner can also seek a declaration of infringement and/or invalidity of the infringing mark. The dispute can be resolved through court proceedings or alternative dispute resolution methods such as mediation or arbitration.

The length of time it takes to resolve a trademark dispute can vary depending on the complexity of the case and the court's schedule. It can take several months to a few years to reach a resolution.

Yes, it is possible to resolve a trademark dispute without going to court. The first step is to try to negotiate a settlement with the other party. This can be done through mediation or arbitration. If a settlement cannot be reached, the parties can consider using the Intellectual Property Office's (IPO) mediation service. The IPO's mediation service is a free service that helps parties resolve disputes without going to court.

The costs associated with resolving a trademark dispute can vary depending on the complexity of the case and the legal fees of the parties involved. The costs may include legal fees, court fees, expert witness fees, and other expenses related to the litigation process. In some cases, the losing party may also be required to pay the legal costs of the winning party.

A trademark is a symbol, word, or phrase that identifies and distinguishes a company's goods or services from those of others, while a copyright protects original works of authorship, such as books, music, and art. trademarks are registered with the Intellectual Property Office, while copyrights are automatically granted to the creator upon creation of the work.

Yes, you can trademark a slogan or a logo . A trademark is a sign that distinguishes the goods or services of one business from those of another. A slogan or a logo can be registered as a trademark if it is distinctive and not too similar to existing trademarks. Once registered, the trademark owner has exclusive rights to use the trademark in relation to the goods or services for which it is registered.

If someone infringes on your trademark you can take legal action against them. This may involve sending a cease and desist letter, filing a claim with the Intellectual Property Office, or pursuing a lawsuit in court. If successful, you may be awarded damages and the infringing party may be ordered to stop using your trademark. It is important to act quickly and seek legal advice to protect your rights.