Trademarks are a form of intellectual property owned by a company or individual. They are quite often referred to as the “brand” of a business. They are what the consumer sees or recognises when dealing with companies and sole traders. A trademark can be anything from words, logos and slogans to numbers, colours and smells. Trademarks carry an awful lot of goodwill, which motivates consumer decisions and spending and can prove instrumental in securing new contracts and winning business. The brand of a business often represents a lot of time and effort in their creation and cultivation and are worthy of defending, often tenaciously, to ensure rights are not infringed upon.
Trademark disputes can arise in various ways but will generally involve:
- Challenging the registration of a prospective trademark on certain grounds such as the proposed mark is descriptive or is identical or confusingly similar to an existing mark.
- A third party infringes upon a registered trademark through the use of an identical or similar trademark in relation to identical or similar goods or services.
- A third party individual or company, through the use of an identical or similar trademark, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trademark of another.
How can we help you?
Nockolds’ specialist dispute resolution team will help navigate you through contentious trademark matters and provide you with practical and commercially focused advice with a view to enforcing your rights, at court if necessary. This may include seeking compensation for losses arising from or connected with any infringement upon a registered trademark or seeking a court order, known as an injunction, restraining any further infringement in respect of it.