We help you create, protect, and defend distinctive trade marks that support your commercial growth.
From initial clearance searches to global portfolio management, our team provides practical and strategic advice designed to minimise risk and maximise value.
A: A trade mark is a sign that distinguishes your goods or services from those of other businesses. It can include words, logos, symbols, colours, or even sounds. Registering a trade mark provides you with exclusive rights to use it for specific goods or services, should helping you to prevent others from imitating your brand. It is one of the most effective ways to protect your company’s identity, maintain customer trust, and build long-term brand value and goodwill.
A: Registered trade marks offer stronger protection than unregistered rights such as “passing off.” With registration, you gain a legal presumption of ownership, making enforcement faster, simpler, and less costly. It also makes your brand more attractive to investors or potential acquirers because it shows clear ownership and control of your brand assets and can act as a deterrent to third parties seeking to use and/or register the same or a confusingly similar trade mark.
A: The best trade marks are invented words. distinctive and memorable. Words that are invented, unusual, or suggestive of your products or services are easier to protect. Descriptive or generic terms can be difficult or impossible to register because they don’t distinguish your business from others. Before investing in promoting, branding or packaging, we recommend conducting a clearance search to ensure your chosen mark is available and registrable.
A: A clearance search is a professional search of trade mark registers and commercial databases to identify existing marks or rights that may conflict with yours. It helps you avoid costly disputes, rebranding, or refusals later in the process. Our searches also assess similarity in meaning, sound, and appearance, helping you make an informed choice from the start.
A: Notwithstanding any third party attacks on a trade mark (which can be based on the non-use or invalidity of the mark), a registered trade mark in the UK and EU lasts for ten years from the filing date and can be renewed indefinitely in for further ten-year periods, . As long as renewal fees are paid and the mark remains in use, your protection can continue indefinitely, providing enduring value to your business.
A: Yes. You can file trade mark applications in individual countries or use international systems such as the Madrid Protocol to obtain protection in multiple jurisdictions through one application. Our attorneys help develop cost-effective filing strategies that reflect your commercial footprint and future growth plans.
A: If another party believes your trade mark conflicts with theirs, they can file an opposition after your mark is published. We will review the opposition, advise on the strength of each party’s position, and prepare a strategic response. In many cases, disputes can be resolved through negotiation or co-existence agreements without resorting to a hearing.
A: A co-existence agreement is a negotiated contract between trade mark owners allowing both to use their marks under defined conditions. For example, it may specify territory, product categories, or presentation style. These agreements are a practical solution for avoiding costly disputes while maintaining commercial freedom.
A: If you believe someone is using a mark that is confusingly similar to yours, it is important to act quickly. We will assess the situation, gather evidence, and advise on the best course of action. Options include sending a formal letter, seeking a negotiated settlement, or pursuing legal proceedings if necessary.
A: Yes. A registered trade mark is a transferable property right that can be sold (“assigned”) or licensed to others. This flexibility allows businesses to expand through partnerships or generate revenue through licensing arrangements while retaining ownership of the brand.
