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Trade Mark Infringement

Trade Mark Infringement

UK Trade Mark Infringement Solicitors

The London 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”).

Enforcing rights in a registered trade mark 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 is 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.

Our trademark infringement lawyers can assist with:

  • Brand 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. For example, defending businesses and individuals in trade mark infringement claims. The law is rarely clear cut and genuine arguments can often be advanced that no infringement has in fact taken place. Our trade mark lawyers will vigorously defend the corner of wrongly accused parties 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 (acting honestly) used indications as to the geographical origins of the goods or services.

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 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.