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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:
The Trade Marks Act 1994 sets out the various circumstances under which someone will be liable for trademark infringement. These are when the infringer:
If a claim for trademark infringement is successful, the claimant may seek the following remedies:
Trademark claims are often technical and complex and require specialist advice. In our first discussion with you, we will outline all the potential options and strategies available.
In many cases, the remedies for trademark claims involve a range of outcomes such as injunctions, damages and costs. Whatever the desired outcome we will always make sure that you are confident and informed of the advice we are providing.
Our award-winning legal team will stand by your side throughout the process.
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.
Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.
Carla is a Partner in our Corporate Commercial department
Vicky is a Senior Associate in our Commercial Litigation & Construction departments
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