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Protecting Your Brand

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.

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Client Testimonial

“We recently had a infringement on our trademark in Turkey and needed some urgent action. Briffa acted incredibly efficiently and effectively at filing an appeal against the infringement. Having done some work with Briffa in the past they continue to prove to be a great firm to work with.”

– Taylor Morris, Trade Mark Services Client

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Protecting Your Brand In The UK

Our expert solicitors our specialist in UK brand protection.

Proceedings at the UK Intellectual Property Office

Domestic trade mark oppositions are dealt with by the UK Intellectual Property Office (UKIPO), with a process that involves the filing of legal submissions and evidence.

Most oppositions are resolved between the parties before a judgment is made, but if no settlement is reached, the UKIPO will decide on the merits of the opposition and award fixed costs in favour of the successful party.

Court Proceedings

When dealing with trade mark infringement, claims can be filed with the UK courts. There are two different courts which will hear and review IP infringement cases, including the Intellectual Property Enterprise Court (IPEC) and the High Court.

The applicable court will depend on the complexity of the case and the damages involved.

For advice on what path may be right for your brand, please get in touch.

Protecting Your Brand Overseas

A dispute over an infringement, without the proper legal advice, is rarely straightforward, and when the dispute crosses international borders the process can become even more complicated.

One consideration is that trade marks are only valid for the territory in which they’re registered, meaning that trade marks filed with the UK Intellectual Property Office (UKIPO) are only valid in the UK. However, other trade marks are still available to UK businesses and we can file EU trade marks (covering all 27 EU Member States) or International Trade Marks, either through a central registry called the World Intellectual Property Office (WIPO) or directly in different jurisdictions.

Nonetheless, if you suspect that a third party is infringing your trade mark in another country or you would like to ensure you’re well protected against infringement internationally, our highly experienced team and network of international agents can help.

Why choose Briffa?

We’ve protected and fought against trade mark infringements since 1995
We offer a free consultation to discuss your brand protection needs before any fixed fee quotes are given
We have offices in the UK, the Republic of Ireland and Malta
We offer an industry leading service with short turnaround times and business-focused advice

Frequently Asked Questions

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What Our Clients Say

Briffa has served hundreds of satisfied clients across a broad range of sectors since our creation in 1995. We’re proud to be leading intellectual property solicitors, but don’t just take our word for it
— here’s what our clients have to say.

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