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Infringement proceedings in the UK are complex and usually involve intellectual property professionals. When someone infringes on your intellectual property rights, you should instruct an intellectual property lawyer quickly. In this article, we discuss the benefits of having a legal professional involved from the outset and the process of infringement proceedings within the UK.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
Forms of Trade Mark Infringement
Trade mark infringement is when a third party uses:
- an identical trade mark to your registered mark within the same area(s) of industry;
- a highly similar trade mark to your registered mark within a similar area(s) of industry; or
- an identical or highly similar mark to your registered mark within a different area of industry but benefiting from your reputation in the UK.
If you are unsure whether someone has infringed your trade mark rights, you should consult a professional to gain legal advice. Knowing how to identify trade mark infringement is essential for your business, as there is potential for financial or reputational loss resulting from the breach.
Brand protection is vital when it comes to intellectual property (IP), and as a trade mark owner, it is your responsibility to protect your rights.
Attempting to Come to an Agreement
Once you confirm there has been a trade mark infringement, your trade mark lawyer can assist by reaching out to the third party and requesting they stop using your mark. On occasion, businesses may innocently be using your mark believing it to not be registered, or simply having designed something highly similar. A legal professional will be best placed to draft a letter requesting them to cease usage immediately.
Further, a lawyer can offer them a licensing agreement where they could continue to use your registered trade mark in agreed ways in exchange for a fee. Your lawyer will can then draft the licensing agreement according to your instructions. Instructing a legal professional when drafting licensing agreements is important due to their precise nature.
If coming to an agreement is unsuccessful, a trade mark lawyer can also represent you in mediation proceedings, which is a type of alternative dispute resolution. Mediation is a necessary step before launching any formal court proceedings.
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Formal Legal Proceedings
If contacting the breaching party does not stop the infringement, you can rely on an IP lawyer to commence legal proceedings on your behalf. You can either file proceedings with the Intellectual Property Office or through the civil courts in the UK.
You will likely need advice on which court to file your legal dispute with as you will need to calculate the value of your claim. An IP lawyer can advise you on which court is most appropriate. The Intellectual Property Enterprise Court often deals with cases involving IP disputes, as they are a specialised court based in London. Once legal proceedings have started, you will also have the benefit of a representative throughout, who can:
- speak to the court on your behalf;
- advise you on proceedings;
- make arguments for your case; and
- potentially negotiate with your opposition.
Key Takeaways
Trade mark lawyers are intellectual property specialists who have extensive experience with trade mark protection issues and trade mark disputes. If someone is using your registered trade mark without your consent, gaining the insight and legal support of trade mark solicitors is highly advisable. They can deal with a wide range of issues including:
- writing to the third party to request they cease usage;
- drafting licensing agreements;
- assisting with alternative dispute resolution; and
- representing you at court if you wish to commence formal legal action.
If you need help or advice around trade mark infringement proceedings, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and prepare your application. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
This is where a third party uses an identical or highly similar trade mark you have registered without your consent. You hold exclusive rights to your mark; therefore, no other party can legally use it without your permission.
Trade mark lawyers provide expertise in intellectual property infringement and can assist you throughout the process. They can write letters to your opposition, arrange and attend mediation proceedings on your behalf and also commence formal court action if you wish.
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