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Trademark Dispute Lawyer

Trademark Dispute Lawyer

A trademark dispute can leave you feeling worried and in need of a good specialist lawyer. This is where our company can help. As expert solicitors in the field of trademark dispute law in London, our fully professional team offer you comprehensive assistance and support. Here are just a few of the things that we can help with, whether your trademark is an unregistered or registered one:

Before registration/application of trademarks:

  • Determine whether or not the trademark you wish to use is available. This will avoid any possible encroachment upon existing trademarks.
  • Give advice as to whether or not your required trademark is essentially one that can be registered
  • Offer guidance on the choice of domain names

Upon application of trademarks:

  • Prepare applications for trademarks and/or domain names
  • Prosecute trademark applications that may cause infringement using the services of the UKIPO, OHIM and WIPO. We can do this for cases in UK and overseas.

Registrations of trademarks:

  • Provide advice as to the soundness, constraints and violations of trademarks.
  • Renew trademarks in UK and overseas.
  • Give advice on the use and fundamental dealings with trademarks.

Commercial/General:

  • Deal with licensing & assigning registration. Included in this, we will look at the IP conditions attached to the agreement for both transfers and relevant transactions.
  • Arrange investigations focussed on the activity of others with regard to trademarks.
  • Assist with the filing of trademarks as well as offering strategic advice on budgets.
  • Administer full portfolios of trademarks.
  • Carry out investigations with due diligence i.e. examining trademark registrations/applications contained within certain transactions with checks included for both ownership and status.
  • Provide IP audit full service: pinpointing the existing IP, initiating ownership, establishing safeguards and putting audits in place (making use of any government funding available).
  • Offer IP audits (Intellectual Property) under the Growth Accelerator system – funding of £3k available from the IPO to cover this. Makes provision for your business to profit from any IP in place.

Trademark disputes:

  • We will represent you in cases of proving the legitimacy, revocation and violation of trademarks via the Patent Office and the courts.
  • We offer representation whilst acting in defence, retraction, unsound or appeal dealings with the UKIPO, OHIM and CJEU.
  • File and prepare third party examinations.
  • Represent you in disputes with regard to domain names.

Passing Off:

This falls under the jurisdiction of a tort of common law and occurs when the claimant asserts unregistered rights with regard to a service or a product. If Passing Off is to succeed, the following elements need to be in place:

  • An amount of goodwill belonging to the claimant with regard to the goods/services
  • A misrepresentation needs to have been made by the other party
  • Damage has occurred or will occur to goodwill belonging to the claimant

Some Passing Off cases can be complex and therefore expensive. For this reason, before advising you to proceed in this direction, we will always investigate alternative ways of you protecting your IP, other than with a Passing Off action.

To speak with a solicitor call 020 7792 5649 or email info@selachii.co.uk

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MLA 2017 18 Shortlisted 2