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Trade mark Infringement Solicitors: South Bank Legal

Trade Mark Infringement solicitors

What is a trade mark?

In order to register a trade mark in the UK, an application must first be made to the Intellectual Property Office. Put simply, a registered trade mark is a method of officially protecting a brand. A registered trade mark can be a unique company logo, name, tag line or product name associated with the trade mark owner’s product or service.

Trade mark Infringement

The ability to enforce rights in registered trade marks is the cornerstone of any effective brand protection strategy. The owner of a registered trade mark is entitled to sue a person who has infringed that trade mark.

A common form of infringement happens where the infringing party uses an identical or similar mark to the registered trade mark, in respect of identical or similar goods or services.

Civil remedies available to the trade mark owner successfully bringing an action for infringement include damages or an account of profits, as well as an injunction preventing the offending party from infringing the trade mark further.

Those being accused of trade mark infringement, or businesses that are looking to make an infringement claim will require assistance from trade mark infringement solicitors, as these types of cases can be particularly complex.

At South Bank Legal, our trade mark infringement solicitors can offer specialist legal advice regarding your case as well as dispute resolution services and representation in court proceedings.


How trade mark solicitors can assist


Trade mark infringement claims can be made in a number of situations. Our trade mark infringement solicitors typically deal with:


·        Trade mark protection and enforcement of trade mark rights – For example, sending cease and desist letters and prosecuting claims in UK courts on behalf of brand owners who have had their trade mark rights infringed and wish to put a swift end to the infringement. We also have a proven track record in domain name disputes, our IP lawyers having conducted successful proceedings to recover domain names under WIPO’s Uniform Domain Name Resolution Policy.


·        Defending trade mark infringement claims – Defending individuals and businesses in trade mark infringement claims can be complex. The law is rarely clear cut, and genuine arguments can often be advanced even though no trade mark infringement has in fact taken place.

Often a trade mark case will ultimately be about whether the claimant can show there is “likelihood of confusion” between their products or services and those of the infringing party.

Our trade mark lawyers will vigorously defend the corner of parties wrongly accused of infringing a trade mark when instructed to do so.

We will also navigate our clients through the statutory defences available under the Trade Marks Act 1994, including where persons accused of infringement have already registered a trade mark themselves, have simply used their own name or have used indications as to the geographical origins of the goods or services.


The process of making a trade mark infringement claim


If infringement proceedings are considered, a claimant must write a letter of claim to the defendant. This letter of claim should give the defendant a reasonable amount of time to respond to the claims made against them. The letter of claim must identify the relevant trade mark infringements in order to give the defendant the opportunity to evaluate them.

Parties to a trade mark dispute should also be aware that a potential compromise can be achieved via a trade mark coexistence agreement, an agreement which can allow two parties to carry on their businesses as usual, notwithstanding the fact that their trade marks may be identical or confusingly similar.

If the claim cannot be settled outside the court, then it is possible that the claim will be taken through court proceedings. Claims for trade mark infringement are brought in the Intellectual Property List of the Business and Property Courts. The defendant will be allowed an opportunity to serve a defence to the claim within 28 days of the court proceedings being issued.

Following this, the court will order the parties involved to take any necessary steps to prepare for the trial. Evidence must then be gathered, which can include witness statements, disclosure of documents and experts reports.

Trade mark infringement claims can be particularly technical, which means that they are often dealt with by legal specialists. Whilst most trade mark infringement cases are settled outside the courtroom, there are those that do require legal proceedings. Therefore, it is common for trade mark infringement solicitors to be instructed to represent clients in the courtroom.



How can South Bank Legal assist?


The trade mark infringement solicitors at South Bank Legal handle a broad range of disputes involving registered trade marks. They cover claims in relation to both UK registered marks and European Union trade marks (known up until March 2016 as “Community Trade Marks”).

Our specialist trade mark infringement solicitors can help you protect the reputation of your business and your brand. They can provide timely and cost effective expert legal advice regarding trade mark infringement and how you should proceed with your case in order to come to a successful conclusion.

Our trade mark infringement solicitors have represented a wide range of clients in the UK and abroad, from single individuals to large companies in complex trade mark infringement claims.

If you are the holder of a registered trade mark and suspect that your rights have been infringed, or if you have received a letter alleging trade mark infringement against you or your business, please get in touch with South Bank Legal for a confidential discussion.

For more information, you can contact South Bank Legal via email at info@southbanklegal.com or telephone 0203 1266 584 for a confidential discussion with a fraud solicitor today.

South Bank Legal is a UK commercial law firm that is authorised and regulated by the solicitors regulation authority. We offer services to those located in England and Wales. We have a registered office in Central London.

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