- Our Breach of Trademark Claims Service
- Download the Claimant's Guide to Trademark Disputes
- Download the Defendant's Guide to Trademark Disputes
- Our Approach to Breach of Trademark Claims
- Our Experience with Breach of Trademark Claims
- Why Choose Our Intellectual Property Solicitors?
- Meet Our Intellectual Property Solicitors
- Contact Myerson Solicitors
- Latest Myerson Intellectual Property News
Our Breach of Trademark Claims Service
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:
- 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
Our Approach to Breach of Trademark Claims
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.
Our Experience with Breach of Trademark Claims
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.
Why Choose Our Intellectual Property Solicitors?
Our specialist intellectual property team are ranked by the Legal 500 legal directory, which means that you can be certain that you will be receiving the highest quality of intellectual property advice and displays our strength in advising on complex IP issues.
- Our intellectual property experts advise clients on a broad range of intellectual property matters, from initial registration and exploitation to protection and enforcement.
- Our specialist IP litigation team is also highly experienced in handling business disputes involving intellectual property.
- Myerson is a member of the Intellectual Property Lawyers Association (IPLA), an association of law firms with an established intellectual property office. Our membership provides our clients and us with access to a wealth of knowledge and expertise in intellectual property.
- Through our many years of service, we have close working relationships with trade mark and patent attorneys and regularly liaise with them on a wide range of intellectual property issues, such as registering trade marks, patents and design rights, and when disputes arise concerning intellectual property rights. These working relationships are a key element of the service we offer to our clients.
- Myerson is also the Manchester and Cheshire law firm member for the MSI Global Alliance, a top 20 ranked international association of independent professional firms. As the IP matters we deal with often involve an international element, we can call upon the expertise and knowledge of our fellow MSI members to ensure that our client’s global interests are protected.
Meet Our Intellectual Property Solicitors
Home-grown or recruited from national, regional or City firms. Our intellectual property lawyers are experts in their fields and respected by their peers.
Carla is a Partner and Head of our Commercial Team
Richard is a Senior Associate in our Commercial Team
Robert is a Senior Associate in our Dispute Resolution Team
Contact Myerson Solicitors
Latest Myerson Intellectual Property News
Intellectual property ( IP ) has the potential to drive the growth and value for your business by delivering competitive advantages and creating new revenue streams. Understanding what IP your business has and identifying its strategic importance...Read Blog
For manufacturers , Intellectual Property (IP) rights are often the lifeblood of their operations. They encompass patents , trademarks , copyrights , and trade secrets, which protect designs, processes, and branding. Manufacturers will usually...Read Blog
Ed Sheeran is no stranger to copyright claims. Only last year, he successfully fended off a copyright infringement claim brought against his song Shape Of You . This time, Ed was required to appear in a Manhattan courtroom to defend allegations of...Read Blog
On 19 April 2023, the High Court held that Tesco’s use of its Clubcard sign (shown below) constituted trademark infringement and passing off of Lidl’s logo as it misled shoppers into thinking that products offered under the Clubcard scheme were...Read Blog
In the recent copyright infringement case of Response Clothing Ltd v The Edinburgh Woollen Mill Ltd , His Honour Judge Hacon, a Judge in the specialist Intellectual Property Enterprise Court (IPEC), held that the Edinburgh Woollen Mill (EWM) had...Read Blog