UK Trademark Solicitors

A trademark is a badge of origin. It may be a word, logo, strapline or even a colour, shape or sound.

Why should I protect my brand through trade mark registration?

Trade marks are a valuable business asset. Your trade marks and brands are what differentiate your business from your competitors. Upon seeing your trade marks, consumers link them to your business. Hence, your trade mark is synonymous with your business’ reputation, goodwill and image. If your business has spent a large amount of time and money in advertising and promoting its brand, you should secure a registered trade mark to protect your brand and investment.

Following a brand clearance search undertaken by one of our UK trademark solicitors, a  registered trade mark provides your business with the exclusive right to use that mark for the goods and services for which it is registered. It also has the following benefits:

  • Registering a trade mark puts third parties on notice of your business’s rights
  • Most countries operate a first to file system and registration of the trade mark acts as proof of those rights
  • Although rights in a unregistered brand can be accrued through use of the mark, such use must be significant and it is much more difficult and costly to enforce
  • Registering a trade mark is more likely to deter third parties from using your mark or something similar
  • A registered trade mark is an asset which can be sold or licensed and which can be listed in the balance sheet as a business asset

You should get in touch with one of our UK trademark solicitors as early as possible in the brand creation process. Your brand name or logo does not already have to be in use to apply for a trade mark, although in certain countries you may need to provide proof of use before it can be registered. In fact it is very important to have your interest in the trade mark registered as soon as possible to prevent a third party beating you to it. Our UK trademark solicitors regularly work with branding professionals to ensure the legal aspects of any brand names created will be capable of legal protection going forward.

As there are multiple procedures (clearance, filing, examination, publication, opposition, registration) during any trade mark application, it is difficult to predict with any certainty the duration of the entire process through to registration. However, excluding any official objection or opposition from third parties, our UK trademark solicitors would expect a UK trade mark application to be registered within 4 months whilst an EU trade mark application usually takes longer.

So long as your trade mark is still in use, it remains valid for 10 years following registration. It is possible to renew your trade mark for 10 year periods indefinitely thereafter for as long as it is of interest to your business. The oldest registered trade mark, the Bass triangle, dates back to 1865 and is still prominently used today. Our UK trademark solicitors can advise you on your renewal options.

The serious downside in doing your own legal work, without professional help, is that you may not do the job correctly and could also incur unnecessary costs for no legal protection. Without the expertise and experience of our UK trademark solicitors, you also get no insight into whether a brand is suitable for registration, or whether you may be infringing on the legal rights of a third party.

A further downside to applying for a trade mark yourself is that you do not get a legal opinion on the suitability of your trade mark together with the scope of protection required in relation to your business plans.

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How can we help you with Trade Marks?

As UK trademark solicitors, we are experienced in securing trademark protection for your brand in the UK. If you trade internationally or are looking to do so, we can also help secure protection for your trademark in countries outside the UK and the most cost-effective approach to achieving this for multiple countries is by way of an International Registration under the Madrid Protocol designating the countries of interest.

We will work with you or your creative agency to protect your brand name, logo, company name and corporate identity. Our experienced UK trademark solicitors will overcome any legal obstacles to protecting your brand via trademark registration, for example from the UK Intellectual Property Office or opposition from a third party, and support you throughout the entire brand development, clearance and protection process. Our UK and International trademark services include:

  • IP Audit and Trade Mark Strategy
  • Brand Clearance
  • Trade Mark Registration
  • Assignments and Changes of Name
  • Infringement and Validity Opinions
  • Oppositions, Revocations, Invalidity and Appeals
  • Brand Licensing Agreements
  • Coexistence Agreements
  • Sponsorship Agreements
  • Watching Services

To speak with one of our expert UK Trademark solicitors, contact us by calling 0131 478 4724 or complete our Online Enquiry to request a call back.

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