Trademark Infringement
If somebody is using your registered trade mark (or a similar mark) without your consent, then it’s likely that they’re committing trade mark infringement and are profiting from your rights.
Taking early legal action to prevent damage to your business is essential.
Why is trade mark infringement harmful to your business?
Trade mark infringement refers to any unauthorised use of a registered trade mark by a third party. This violation of exclusive rights is likely to damage your business and its reputation, thereby diluting the valuable rights of your brand and diverting revenue from your business.
Individuals or businesses adopting competing trade marks in order to ride on another brand’s successful or positive reputation, often providing sub-standard quality products or service, will damage the repute of the earlier registered trade mark and also the business associated with it.
Sometimes, trade mark infringement occurs out of ignorance of the rights a registered trade mark provides, but this doesn’t lessen the potential for damage or the dilution of your registered rights.
Customers we have worked with
What to do if trademark infringement has happened
1)Make detailed notes of where the unauthorised use is occurring. If it’s on the internet, or a third-party platform, then take and save dated screenshots.
2)If your customers are confused, then note the date and time of being alerted to this by telephone and take the name and contact number of who tells you. If you’re made aware of any confusion by letter or email, then keep these safe and secure, making sure you can prove the dates associated with their receipt.
3)If there are advertisements in the press or online, keep these.
4)Similarly, if you see relevant articles in the press, then keep these.
5)If the use is at an exhibition or trade fair, then we recommend keeping any advertising literature, and collect examples from the stand and if possible (taking dated photographs).
Unsure how to proceed? Call us by dialling 08081 890 302.
Next steps to prevent damage to your brand and business
The sooner you seek legal advice about suspected trademark infringement, the better.
The expert attorneys at Trademark Eagle can call on years of experience tackling the unauthorised use of trademarks, and the first action we’ll take is a full review the infringement and of your rights.
We’ll then advise you of your position and make recommendations for next steps in a way that’s clear and easy to understand so that you understand your options.
Often, a cease-and-desist letter can be sent to the infringer setting out their infringement and what actions they need to take.
Typically, this will include ceasing all use of the brand on any products or websites, as well as relinquishing and changing all trade names, company names, domain names, and social media branding.
Generally, we’ll ask them to agree to never use a trademark that’s the same as, or similar to, yours.
Most disputes can be settled amicably without the need for formal action through the courts.
How can our team help?
If you require professional support with trademark infringement in the UK, get in touch with Trademark Eagle today.Â
Our specialist in-house legal advisors have accumulated years of invaluable experience dealing with every infringement of trademark type, as well as issues associated with intellectual property.
Our aim is always to resolve trademark infringement disputes as swiftly and effectively as possible, enforcing our client’s rights and ensuring they retain the exclusivity and investment in their valuable brand.
We recognise the desire for cost-effective outcomes, and usually resolve most disputes by negotiation without the need for protracted legal proceedings.
To find out more about trademark infringement in the UK and how we can help, give us a call now on 0808 1890 302.
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