Trade Marks

A Trade Mark registration enables an individual or business to protect, against misuse by others, a sign which serves to distinguish their goods/services from those of other undertakings. Trade Marks usually comprise words (including personal names), designs and logos, letters and numerals. However, the shape of a product or its packaging may constitute a trade mark as indeed, in the appropriate circumstances, can musical jingles and smells.

We offer a comprehensive range of Trade Mark services. In particular, we are able to conduct clearance searches for new Trade Marks in any one or more jurisdictions and to give advice based on the results of those searches. We are able to handle the preparation, filing and prosecution of Trade Mark applications before the UKIPO and European Community Trade Mark Office (OHIM) and also contentious matters involving third-party rights such as opposition, cancellation and revocation proceedings and questions of infringement. Through the offices of fellow practitioners abroad with whom we have established close relationships, we are also able to assist clients in obtaining, exploiting and enforcing Trade Mark protection overseas.

Trade Mark audits can prove an important part of maintaining appropriate and adequate Trade Mark coverage and, through our proactive approach to client relationships, we can readily provide and update such reviews.

Having established one or more Trade Marks, it is important to police possibly conflicting third-party activities and an important aspect of this involves maintaining a watch for attempted registration of the same, or similar, Trade Marks in territories of interest. We are well-placed to offer a wide variety of different watching services and strategies and such watching briefs often form an important element of the ongoing proactive relationship our Trade Mark team looks to establish with its clients.

As with patent protection, a variety of routes exist for securing Trade Mark protection. These comprise separate national applications in each country of interest and/or a Community Trade Mark application covering all of the countries of the European Union and/or an International Trade Mark application under the Madrid  Protocol.

These different routes exhibit different formal requirements and advantages.