Our Trademark Infringement Service
How Our Trademark Infringement Solicitors Can Help
Trademark disputes can develop quickly and may have significant commercial and reputational consequences.
Our specialist intellectual property solicitors provide practical, strategic advice to protect your position and achieve a commercially appropriate resolution.
We can help with:
- Assessing whether trademark infringement has occurred and advising on the strength of a potential claim or defence
- Sending and responding to cease-and-desist letters and other pre-action correspondence
- Advising on passing off claims alongside trademark infringement
- Negotiating settlements, undertakings, and coexistence agreements
- Applying for or responding to interim injunctions and other urgent remedies
- Bringing or defending trademark infringement proceedings
- Representing clients at mediation and other forms of alternative dispute resolution
- Advising on damages, accounts of profits, delivery up, and other available remedies
- Developing strategies to protect and enforce trademark portfolios and prevent future infringement
We understand that court proceedings are not always the most appropriate solution. Where possible, we will explore opportunities to resolve a dispute through negotiation or mediation, while ensuring that your trademark rights and broader commercial interests remain protected.
Who We Can Help
Our trademark infringement solicitors advise businesses, brand owners and individuals on a wide range of trademark disputes.
We act for both claimants seeking to protect and enforce their trademark rights and defendants facing allegations of trademark infringement.
We can assist:
- Trademark owners who believe their registered trademark is being infringed
- Businesses concerned about another party using an identical or similar brand, name, logo or sign
- Businesses and individuals who have received a cease-and-desist letter or allegation of trademark infringement
- Businesses seeking to prevent the unauthorised use of their trademarks
- UK businesses dealing with trademark infringement involving overseas parties
- International businesses seeking to protect or enforce their trademark rights in the UK
Whether you have discovered another business using your trademark, received a cease-and-desist letter, or are concerned that a new brand or product may infringe existing rights, our solicitors can advise you on your position and the options available.
Our Approach to Trademark Disputes
Trademark infringement claims are often technical and complex, requiring specialist advice. During our initial discussion with you, we will outline all the potential options and strategies available, including our estimated costs.
As mentioned above, the remedies available in trademark infringement claims can involve a range of outcomes. Whatever the desired outcome, we will always ensure that you are confident and informed of the advice we are providing.
Our Trademark Infringement Case Studies
Successful Resolution of Trademark Dispute for Inicio Group Ltd
Client Introduction
Case Overview
Trademark Disputes FAQs
What is Trademark Infringement?
The Trade Marks Act 1994 sets out the circumstances under which someone will be liable for trademark infringement:
- An identical sign is used in relation to identical goods
- An identical sign is used in relation to similar goods or services, causing a likelihood of confusion
- A similar sign with identical or similar goods is used, causing a likelihood of confusion
- An identical or similar sign with a reputation in the UK is used in circumstances that take unfair advantage of, or are detrimental to, the distinctive character or reputation of the trademark
In the UK, a business or individual can apply to register a trade mark with the UK Intellectual Property Office (UKIPO). The application must identify the specific goods and services for which protection is required, and the scope of the registered rights will generally be limited to those goods and services. A registered trade mark can help prevent others from using an identical or similar mark in relation to the protected goods or services, subject to the relevant legal requirements. Following Brexit, comparable UK trade marks were created automatically for most EU trade mark registrations held before the end of the transition period. Comparable trade marks (IR) were also created for international registrations designating the EU. A UK trade mark registration lasts for 10 years and can be renewed for further 10-year periods indefinitely, provided the renewal requirements are met.
By securing a registered trademark, owners are safeguarding their brand, acquiring exclusive rights to prevent competitors from unfairly benefiting from their brand identity and its unique characteristics.
To be registrable, a trademark must meet the relevant legal requirements.
What counts as infringement of a Trademark?
Whether the use of a sign amounts to trademark infringement will depend on the circumstances. In general, infringement can arise where someone uses an identical or similar sign in relation to identical or similar goods or services and the relevant legal requirements are satisfied.
Where a registered trademark has a reputation in the UK, infringement may also arise where the use of an identical or similar sign takes unfair advantage of, or is detrimental to, the distinctive character or reputation of the trademark.
How do you prove Trademark Infringement?
Proving trademark infringement involves comparing the registered trademark with the sign used by the other party, the relevant goods or services and the circumstances in which the sign is used.
The assessment may include the appearance, sound and meaning of the marks, the similarity between the goods or services, the relevant consumers and the way the marks are encountered in the marketplace.
Depending on the legal basis of the claim, you may also need to establish a likelihood of confusion, including a likelihood that consumers may believe the goods or services come from the same or connected businesses.
Where the registered trademark has a reputation in the UK, it may instead be necessary to establish that the use of the sign takes unfair advantage of, or causes detriment to, the trademark's distinctive character or reputation.
Our trademark infringement solicitors can assess the circumstances and advise you on the strength of your claim.
What evidence is needed for a Trademark Infringement claim?
The evidence required will depend on the nature of the alleged infringement and the issues in dispute. Relevant evidence may include your trademark registration, details of how and when the trademark has been used, invoices, sales figures, customer records and other documents showing trading activity under the trademark.
You may also need evidence of the allegedly infringing sign, including website pages, social media posts, online marketplace listings, advertising and marketing materials, product packaging, signage and photographs.
Correspondence with the other party, customer enquiries or complaints, mistaken orders and other examples of actual or likely marketplace confusion may also be relevant.
It is important to preserve relevant evidence as soon as you become aware of a potential infringement. Our solicitors can advise on the evidence required for your particular claim and how it should be obtained and preserved.
What happens if someone infringes on my Trademark?
The first step is to obtain specialist legal advice in respect of the potential options available to you to resolve the trademark infringement dispute.
Upon obtaining legal advice, you may decide to send a cease-and-desist letter and/or pursue legal proceedings to protect your trademark.
If a claim for trade mark infringement is successful, the owner of the registered trade mark may be entitled to remedies such as: The usual process will often begin with pre-action correspondence, including a cease-and-desist letter, followed by negotiation or mediation where appropriate. If the dispute cannot be resolved, the claimant may issue court proceedings. The court will consider the evidence and legal arguments before deciding whether infringement has occurred and, if so, which remedies are appropriate.
The available remedies may include:
- An injunction preventing the defendant from using the trademark without permission in the future
- Delivery up and/or destruction of the goods complained of
- Damages or an account of profits
- Contribution to legal costs
Can you send a cease and desist letter for Trademark Infringement?
Yes.
A cease-and-desist letter can be used to put the other party on notice of your trademark rights, explain the alleged infringement and set out the steps you require them to take.
However, it is important to obtain legal advice before sending correspondence alleging trademark infringement. Our solicitors can assess your position and prepare appropriate correspondence as part of a wider strategy for resolving the dispute.
Can I resolve a Trademark dispute without going to court?
We can engage in settlement negotiations on your behalf to avoid the need and expense of issuing court proceedings. Our team of specialist intellectual property lawyers have significant experience in engaging in settlement negotiations and obtaining a successful result for clients.
When should you contact a Trademark Infringement Solicitor?
You should consider obtaining specialist legal advice as soon as you become aware of potential trademark infringement or receive an allegation that you have infringed another party's trademark.
Obtaining advice at an early stage can help you understand the strength of your position, preserve relevant evidence and determine the most appropriate strategy before taking action or responding to the other party.
Can I Trademark a slogan or logo?
A UK trademark can comprise of symbols, words and/or logos, therefore a slogan or logo is capable of being registered, provided the relevant legal requirements are met.
What if I have been accused of Trademark Infringement?
If you have received a cease-and-desist letter or have otherwise been accused of trademark infringement, it is important to understand the allegations being made and the options available to you before responding.
Our specialist intellectual property solicitors can assess the infringement allegations, advise you on any potential defences or counterclaims and help you determine the most appropriate commercial strategy.
We can also respond to correspondence on your behalf, engage in settlement negotiations and defend trademark infringement proceedings where necessary.
How do I maintain or renew my Trademark?
Trademarks can be renewed indefinitely, however any registration will automatically expire after 10 years. The burden is on the registered proprietor to renew their trademark registration and failure to do so means that the registration will elapse.
Can I resolve a Trademark dispute without going to court?
We can engage in settlement negotiations on your behalf to avoid the need and expense of issuing court proceedings.
Our team of specialist intellectual property lawyers have significant experience in engaging in settlement negotiations and obtaining a successful result for clients.
A court will generally expect parties to have considered appropriate ways of resolving their dispute before proceedings, and mediation can be one option.
What does a Trademark Infringement Lawyer do?
A trademark infringement lawyer can advise you on whether trademark infringement has occurred, assess the strength of a claim or defence and develop a strategy for protecting your position.
This can include sending or responding to cease-and-desist letters, negotiating with the other party, advising on settlement or mediation, seeking urgent remedies such as an injunction and bringing or defending court proceedings.
Why Choose Our Intellectual Property Solicitors?
- 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 trademarks, 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.
Testimonials
Julie L
Richard and Olivia were great to work with from start to finish. They took time to understand our industry, and how we worked as a company. This, mixed with their professional knowledge, allowed the process to be seamless, and produce specific documents for our business. I would highly recommend the team, and I am pleased that I have built this relationship so that if any services are required going forward, I will be able to contact them knowing I will receive a high level of service.
Nick
We had an outstanding experience with Myerson Solicitors. From start to finish, the team was professional, efficient, and approachable. Our solicitor, Olivia Whittaker, was particularly remarkable - her attention to detail, clear communication, and expert guidance made the entire process smooth and worry-free. We couldn’t be happier with the outcome and highly recommend Olivia and the firm to any business seeking expert commercial legal advice.
Richard
We needed to rewrite our online terms and conditions to ensure compliance with all legal aspects. Olivia and Richard were outstanding in their advice and assistance. They guided us through every step of the process, providing valuable insight and expertise. Their professionalism and clear communication made a complex task manageable, and we couldn't be happier with the service they provided.
Andrew
I engaged Richard Meehan, Myerson Solicitors, for the drafting of a complex multi-product exclusive supply agreement. He was thorough, explained in plain English and kept me updated consistently throughout. In addition, his after service communications were excellent, ensuring that we felt supported in our negotiations. Great service, before, during and after, which is the benchmark that I have come to expect from all my dealings with Myerson Solicitors. A great team.
Adrian
Richard and the team at Myerson were excellent. They guided me through a relatively complex legal situation and weren't afraid to admit when they needed to bring in other divisors to offer the best guidance which I appreciated. It was all done efficiently and for a fair price. A great experience.
Mo
I recently worked with Richard to draft an international supply agreement, and I couldn't be happier with the service I received. He was highly knowledgeable, easy to work with, and always responded promptly to any questions I had. I felt well-supported from start to finish and would highly recommend Richard to anyone looking for a reliable and experienced solicitor for commercial contracts.
Ben
Exceptional service, Richard and his colleagues were professional and personable not like other law firms we have worked with in the past. It was clear from the outset that Myerson were very down to earth and willing to put in the work to help us achieve our goals. They were a delight to work with on our contract negotiations. I would highly recommend them.
Aceplan Player Development Ltd
I worked with Richard Meehan and Olivia Whittaker, who helped me to build a comprehensive set of legal documents for my software business. This included terms and conditions for the different user types, privacy and cookie policies, and general website terms. Their legal knowledge and what was required for my business was very impressive. It left me feeling reassured and confident in the work they prepared. All the deadlines were met and I'm really satisfied with the end product.
Torram Ltd
I couldn't recommend Myerson Solicitors highly enough. Richard and Olivia were fantastic to work with, they were extremely professional and knowledgeable and knew how to get the best out of my contract. They were very responsive and ready to answer all of my questions whenever I asked them. They are a safe pair of hands for anyone starting out in business and don't have any personal recommendations for solicitors. They're very capable and very pleasant to work with and compared to other companies, fairly priced.
Peter
Myerson deserves more than 5 stars. I am exceptionally pleased with the work done by Richard M at Myerson who worked on the Terms for my startup. Incredible depth of knowledge and amazing turnaround time. Highly recommended!
Matt
As a start-up company, we needed specific advice, work and contracts drafting on key contracts. (Customer and Supplier) along with specific website and cookie policies. Myerson's completed this work on time and to a high standard. Importantly, they advised on which areas to focus on to spend time and money - very important for a start up. Every member of the team was very capable and if they did hand over, the person handover to was always fully briefed and up to speed with our account and work. Highly recommended.
Jason
We needed a flexible VAR agreement for our AI based software offering that could be easily adapted to a wide variety of partnerships, engagement models and go-to-market strategies. The Commercial team did a great job making sense of our sometimes confused and over-complicated requirements, and simplified it down to exactly what we needed. Soon after we successfully used the agreement with a large multi-national corporation. All in all a great result and a great experience.
Joe
Very pleased with the service received in updating T&Cs and other legal documents. Excellent communication and useful discussions, getting to understand our business and its requirements.
Emad Salib
The team were highly responsive, clear in their advice, and demonstrated a strong commercial understanding of our business and the sector we operate in. They provided practical, well-structured guidance and were proactive in highlighting potential risks while offering sensible solutions. It was a pleasure working with them, and we would not hesitate to recommend Myerson.
Steve Ridd
Rich Meehan at Myerson provided clear, pragmatic and highly effective support on a range of complex commercial matters. His advice was responsive, commercially focused and instrumental in helping us manage risk while progressing key initiatives. Richard worked collaboratively with the executive team, translating legal complexity into practical guidance, and I would have no hesitation in recommending him and Myerson for trusted commercial legal support.
Pasha Melli - Founder & Director, Hestia Smart Living
Rich Meehan, Olivia Whittaker and the team at Myerson prepared Hestia SL Letter of Engagement, Standard Terms of Supply and a client onboarding SOP, and the experience was excellent from start to finish. Rich is knowledgeable, patient and genuinely practical. He explains complex points clearly and in the context of how our business actually works, from setting sensible liability caps against our insurance cover to drafting terms we could build straight into our client portal. He was flexible when our timelines slipped, kept the matter moving without ever being pushy, and was transparent and fair on costs throughout. We now have robust, professional documentation we use with every new client, and I would recommend Rich and Myerson without hesitation.
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.
Contact Our Experts
You can contact our lawyers below if you have any more questions or want more information:
0161 941 4000
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