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What is a Trademark? 

A trademark is a symbol, word or words used by a trader to distinguish its products or services from its competitors.  A trademark can be a brand name, a company logo, a trading style or even distinctive packaging. It can also consist of the shapes of products such as a bottle as well as slogans and straplines.

It is possible for trademark owners to apply for Community Trademarks (CTMs) and/or a UK trademark and this gives the trademark owner the exclusive use of the trademark.  A trademark which is registered in the UK is only enforceable in the UK, whereas a CTM is enforceable throughout the EU. Both registrations last for ten years, but are renewable for further ten-year periods.  It is alsBreo possible to register trademarks throughout the world, although it is advisable to initially register them in the countries where the particular goods or services are to be sold or provided.

To be registrable, a trade mark must be:

  • Distinctive;
  • Capable of being represented graphically;
  • Capable of distinguishing goods or services; and
  • Not excluded by statute.

What is Trademark Infringement?

The Trade Marks Act 1994 sets out the various circumstances under which someone will be liable for trademark infringement. These are when the infringer:

  • Uses an identical sign and identical goods;
  • Uses an identical sign, similar goods and there is a likelihood of confusion;
  • Uses a similar sign, identical or similar goods and there is a likelihood of confusion; and/or
  • Uses an identical or similar sign, the sign has a reputation in the UK and the use of the sign takes unfair advantage of or is detrimental to the character of reputation of the trade mark.

What Remedies are Available for Trademark Infringement? 

If a claim for trademark infringement is successful, the claimant may seek the following remedies:

  • An injunction preventing the defendant from using the trademark without permission in the future;
  • Delivery up and/or disposal of the goods complained of;
  • Damages; and
  • Costs

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Our Approach

Intellectual property proceedings such as breach of trademark claims can be technical and complicated and are dealt with by specialist Courts in England and Wales.  At Myerson, we can provide you with swift advice whether you are bringing or defending a claim.

Myerson are members of the Intellectual Property Lawyers Association (IPLA).  The IPLA is an association of approximately 66 law firms who have an established intellectual property department.  The fact we are a member of the IPLA demonstrates that we have extensive and detailed experience in the conduct of IP disputes in the UK.  One of the main objectives of the IPLA is to lobby for improvements to IP law and practice for the benefit of those who hold IP rights. 

Myerson are a nationally recognised law firm with a large team of intellectual property solicitors.  Our intellectual property team is ranked by the prestigious Legal 500 law firm directory.  Therefore, you can be assured that you will receive the best quality advice and service offering.

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Our Promise & Core Values

Our Promise

The Myerson Promise - Our Partners, team of lawyers and support staff commit to giving our clients more.

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To always give you clear, jargon-free advice.
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To be completely transparent about our fees from the outset.
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Progress every matter in an efficient and timely matter.

Our Core Values

Our core values are at the centre of everything we do.

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We are always professional but ensure that we are friendly and approachable.
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We are determined and enthusiastic about supporting our clients and our people.
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We willingly take responsibility and can be relied on to be commercial, effective and efficient.

Our Experience

Breach of Trademark Claims

We act for a New York based pastry house which invented the CRONUTS products which are sold worldwide.  We represent our client’s interests in the UK and Europe and are retained to enforce the client’s international trade mark.  Our work requires us to trace and stop manufacturers and generally assist the client in policing its IP rights on a day to day basis. 

Contact Us

Our Promise & Core Values

Our Promise

The Myerson Promise - Our Partners, team of lawyers and support staff commit to giving our clients more.

.
To always give you clear, jargon-free advice.
.
To be completely transparent about our fees from the outset.
.
Progress every matter in an efficient and timely matter.

Our Core Values

Our core values are at the centre of everything we do.

.
We are always professional but ensure that we are friendly and approachable.
.
We are determined and enthusiastic about supporting our clients and our people.
.
We willingly take responsibility and can be relied on to be commercial, effective and efficient.

Meet Our Specialists

Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.

Jonathan Hassall

Jonathan Hassall

Jonathan is a Partner in our Commercial Litigation department

Carla Murray

Carla Murray

Carla is a Partner in our Corporate Commercial department

Vicky Biggs

Vicky Biggs

Vicky is a Senior Solicitor in our Commercial Litigation department

Philip Ball

Philip Ball

Philip is a Senior Solicitor in our Corporate Commercial department

Testimonials

Contact Us

Please send us your enquiry using this enquiry form, or you can send us an email to lawyers@myerson.co.uk