Trademark infringement

What is a trademark?

A trademark is a word, phrase, symbol and/or design that identifies and distinguishes the product of a manufacturer or merchant from those manufactured or sold by others. A trademark is part of the intellectual property of a business and has value. A trademark can be registered or unregistered.

Infringement can take many forms. Commonly it happens when a business manufactures a product that closely resembles that of a competitor and uses the mark to pretend it is that of the trademark owner.  If the trademark is not registered, the owner of the trademark still has a right of action to stop the infringer “passing off” his products as the trademark owner’s.

Since 2004, when European law was harmonised with UK law and Community-registered trademarks were introduced, disputes are no longer have ceased to be localised in the UK, and legal rulings often have to be obtained from the European Court of Justice.

If you think your trademark has been infringed (used without your permission), we can put you in direct contact with a barrister who can assist you to prevent further infringement and, if necessary, to take the infringer to court.

If your trademark is being infringed, you must act quickly. Within days of instructing a barrister, you may be able to ask the court to grant an injunction (a court order having an immediate effect) to prevent any further infringement and quickly protect your market, up until the time of the trial. The court will only do so if you have a good case and have acted without delay.

Similarly, if you have been threatened with immediate court action by someone who claims you have infringed their IPR, you should seek advice as soon as possible so that the threat against you may be evaluated by a specialist barrister and you have the advice you need to decide what to do next.

Trademark infringement can also be a criminal offence, as for example in the case of counterfeiting.

Why choose a barrister?

Trademark barristers are specialists whose legal knowledge is backed up by powerful technical and industry experience. They can advise you on cost-effective ways to protect and extract maximum value from your trademarks. Your barrister will help you defend trademark infringement claims and challenge the patents of competitors.  

Intellectual Property Barrister - myBarrister



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