Registering a trade mark allows you to protect one of the most valuable intellectual property assets your business has, whether that’s your brand name, logo, tagline, colours, packaging, or something else.
And thanks to the goodwill and reputation associated with your brand, after years of hard work, your logo, name and other forms of IP can act as the guarantee of quality customers look out for when making decisions.
So it goes without saying just how damaging trade mark infringements can be, undoing all of that hard work and good reputation in a fraction of the time it took to build it up and diverting sales away from your business. That’s why you should act quickly and decisively when you notice a someone infringing your trade mark.
What does pursuing a trade mark infringement involve?
Brand protection can be tackled in a number of different ways, which vary depending on the needs of your business.
For example, a “real world” infringement (with a third party actively using your brand name to sell goods/services) requires an urgent cease and desist letter, possibly leading to court proceedings. Alternatively, you could be facing a dilution of your valuable monopoly with a competitor applying for a similar brand name as a trade mark. In which case only an effective trade mark opposition will stop the application from becoming a registration.
Sometimes simply reaching out and communicating your position in a straightforward and authoritative manner can yield a positive outcome, you may even be able to come to a profitable agreement involving licensing. But if communication proves unsuccessful, or if you need help with the wording, seeking professional legal support will be essential to counter the infringement and claim compensation.