More than ever before, the electronic age requires your business to demonstrate a ‘point of difference’. In its most obvious way, this can be shown by the public’s perception of your business’s brand. Once a brand has achieved proper recognition, it has a real value. Therefore, your business entity must ensure that this brand remains distinctive to that business and must be kept safe from abuse. You need to trademark your brand. Then we can help you to prosecute any trademark infringement, from a position of strength.

You can receive our advice on trademark strategy and protection, trademark licensing and transactions involving the acquisition or disposal of marks and on analogous rights – nationally and internationally.

Where your trademark is registered, the aim is to enable members of the public to distinguish your goods or services from those of another person or entity. Trademark registration gives the owner the right to prevent others from employing the same (or a similar) mark on goods or services which are the same (or similar). Provided that the renewal fees are paid and the trademark is used, the ownership can endure indefinitely.

Trademark registration must be of:

• Distinctive word or words (which can include a personal name)
• Logo
• Combination of words and logo
• Another symbol
• Sound (the roar of a Harley Davidson motorbike exhaust, or the bars of an advertising jingle)
• Smell
• Colours
• Shapes and packaging (e.g. a Coca-Cola bottle).

Unregistered Trademarks in the UK
If you have an Unregistered Trademark, any infringement of it in the UK can dealt with by the action for “passing off”, under common law.

Import / Export infringements
Where your business is suffering because of parallel imports and / or ‘grey market’ goods and / or counterfeit goods, we have knowledge and experience of the use of trademarks which should assist you towards achieving an appropriate remedy.

Of course, when considering European Trademark protection, we must always be mindful of the rules regarding the free circulation of goods and services within the EU.

Domain Names
We can also assist you in online matters involving domain name disputes.

For more information about this please contact David Main at dm@wdavies.com or Graham Mott on gm@wdavies.com