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Intellectual Property

Intellectual Property Infringement

We can enforce your intellectual property rights and bring claims of infringement of your trade marks, copyright and design rights. We will also defend similar claims against you. We can also represent you before the Intellectual Property Office Tribunal in relation to trade marks and registered designs.

Intellectual property infringement claims

The first step in any claim is identifying the rights infringed. Some acts may give rise to more than one claim, for example copyright and design infringement or trade mark infringement

Where the primary objective is preventing infringement we can often resolve disputes at an early stage without the need for court action by preparing a carefully prepared cease and desist letter.

Where court action is required the specialist Intellectual Property and Enterprise Court offers a relatively quick and cost effective means of obtaining an injunction and damages for infringement. If managed correctly some claims do not require a hearing.

Trade mark cancellation or opposition proceedings

Sometimes an infringement allegation will be met by a claim to cancel a trade mark or design right. The Intellectual Property Office provides a tribunal service for parties to oppose applications for new registered trade marks or cancel existing trade mark and design registrations. We can guide you through the process and often obtain a result before formal proceedings are required.

Passing off

Preventing brand name copying is often easier with a registered trade mark. However brand names with sufficient market presence can often prevent copying even without a registered trade mark. We can assist in identifying the necessary evidence and plan a strategy with you to tackle infringement.

We can help with

  • Trade mark infringement
  • Copyright infringement
  • Design infringement
  • Passing off
  • Proceedings before the Intellectual Property Office Tribunal
  • Trade mark coexistence agreements

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