Brand Clearance and Protection

At Briffa, we pride ourselves on being practical and clear thinkers. Business imperatives and practicalities always count as much if not more than legalities with us.

In some ways, it’s a common sense approach – put simply, before spending money on expensive applications and legal fees, we always help clients understand and consider the basics – brand clearance is a good example.

Do your trade mark searches first

Searching and conducting a full brand clearance prior to filing is becoming increasingly important in order to avoid unnecessary opposition proceedings and objections.

In line with the new UK trade mark registry practice, searching and trade mark watching in the UK is crucial prior to filing and also thereafter for the purpose of enforcement and protection of your brands.

At Briffa, we offer a full trade mark service from start to finish including advice and registrability and brand clearance in order to take a view on whether your brand is registrable. If a trade mark is registered, special rules apply which simplify the way in which it can be protected.

Trade Mark Clearance

Searching and conducting a full brand clearance prior to filing is becoming increasingly important in order to avoid unnecessary opposition proceedings and objections.

In line with the new UK trade mark registry practice, searching and trade mark watching in the UK is crucial prior to filing and also thereafter for the purposes of enforcement and protection of your brands.

At Briffa, we offer a full trade mark service from start to finish including advice and registrability and brand clearance in order to take a view on whether your brand is registrable. If a trademark is registered, special rules apply which simplify the way in which it can be protected.

Unregistered trade marks can also be protected, however, it is much cheaper and easier for a business to enforce its rights in a registered trade mark than in an unregistered trade mark. For this reason, businesses should consider obtaining registered trade marks to protect their brands. Most countries have their own systems for trade mark protection and registration. There are also European and international systems of protection (see below).

Our BrandProtect Service – Insurance Against the Risk of Trade Mark Infringement

BrandProtect is a service for businesses that own registered trade marks. Protecting your trade marks is important to your business. The unauthorised use of your brands can damage your business by causing customer confusion, falling revenues and even lost markets.

When a branding dispute is first identified it is important to obtain legal advice to properly assess the best step to take to resolve the dispute. This legal advice should be obtained quickly as some remedies are only available to those who don’t delay.

We offer a cost effective way of protecting your brands by providing access to specialist legal advice and a fighting fund for a payment of just £190.00 including VAT per trade mark per year.

What are the benefits of brand protection?

Members are given advice on any dispute concerning the trade marks that are covered by the service and access to a fighting fund of up to £100,000 to protect your brand.

What is covered?

As soon as you are aware of a problem with one of your trademarks you simply call the helpline and you have direct access to Briffa’s specialist lawyers. You can make as many calls to the BrandProtect helpline as you need, all for just the annual membership fee.

The information we provide through the helpline includes:

  • an initial analysis of the strength of your case
  • the effect of the dispute upon your business
  • the likely costs to you of dealing with the dispute (see below)
  • the likely duration of the dispute.

For good cases discovered in the UK during the year the insurance then provides a fighting fund for legal expenses: some of which is immediately available for any emergency action that is needed; and, with the insurer’s approval, access to the full £100,000 to pursue an action or defend an action or counterclaim which seeks to revoke your rights.

Anti-Counterfeiting legal services

Our anti-counterfeiting team have a track record of helping clients detect, investigate and act against manufacturers and importers of counterfeit products. We demonstrate the financial benefit of anti-counterfeiting measures by use of financial modelling.

We work with a trusted network of investigators and other lawyers to help clients track infringements to source and take effective action to close down factories making unauthorised and counterfeit products.

We offer a fixed cost anti-piracy service and can work in any justification. In order to assist with problems in China, Briffa has associated offices in this region and close links with lawyers in Turkey and Russia who work with us. We also work with authorities abroad and locally, with Customs and Trading Standards to deliver effective action.

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Brand protection China

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