What is a Trademark, and Why Protect It?

A trademark is a symbol, word or words used by a trader to distinguish its products or services from those of 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 UK registered trademarks and/or international trademarks to protect their mark. Comparable trademarks (EU) and comparable trademarks (IR) are created automatically from EU trademarks following Brexit. A UK trademark registration lasts for ten years and can be renewed for further ten-year periods indefinitely.

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 be:

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

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What is Trademark Infringement?

The Trademarks 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; and/or
  • An identical or similar sign with a reputation in the UK, taking unfair advantage of or being detrimental to the character or reputation of the trademark.

What Remedies Are Available for Trademark Infringement?

If a claim for trademark infringement is successful, the owner of the registered mark may be entitled to remedies such as:

  • 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 profit; and
  • Contribution to legal costs

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Trademark infringement law in the UK

Our Approach to Breach of Trademark Claims

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 estimates costs.

As mentioned above, the reliefs 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.

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Trademark Disputes FAQs

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 mark.

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.

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.

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.

Our Experience with Breach of Trademark Claims

  • We currently act for a multi-million-pound corporation which provides educational services including support, accommodation, education and employment. We represent our client in ongoing trademark infringement proceedings to protect their registered mark and the goodwill/ reputation of the business. 
  • We act for a New York-based pastry house which invented the CRONUTS products sold worldwide. We represent our clients’ interests in the UK and Europe and are retained to enforce the clients’ international trademarks. 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.

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Our Trademark Infringement Case Studies

Successful Resolution of Trademark Dispute for Inicio Group Ltd

Client Introduction

Inicio Group Ltd is a national provider of support services for children, young people, and families across the United Kingdom. The organisation delivers education, training, and preparation-for-employment programmes, as well as tenancy-management support. In 2022, Inicio Group Ltd registered the trademark “INICIO” in Class 41 to protect its brand.

Case Overview

Myerson represented Inicio Group Ltd in a complex, two-year trademark infringement and passing-off dispute with an educational trust that had adopted the sign “INICIO” within its trading name.
The Defendant denied infringement and issued a counterclaim alleging that the trademark was registered in bad faith, arguing that the scope of services covered by the Class 41 registration was excessively broad.
Robert Brothers and Olivia O’Neil, working alongside Jamie Muir Wood of Hogarth Chambers, robustly defended the validity of the trademark and Inicio Group Ltd’s right to exclusive use of the sign.
The proceedings had been listed for trial in the Intellectual Property Enterprise Court in December 2025.
However, prior to trial, the parties successfully resolved the dispute at mediation, securing a commercially satisfactory outcome for Inicio Group Ltd.
The resolution avoided the risks and costs of trial while ensuring meaningful protection for the client’s brand.
Robert Brothers, Senior Associate, commented:
“We are pleased to have secured a resolution for Inicio Group Ltd. This matter highlights the importance of taking early steps to protect and enforce brand rights, particularly where organisations operate in similar or closely related sectors. Securing appropriate trademark protection remains a vital part of safeguarding the strength and value of a business’s brand.”

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.

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Why Choose Our Intellectual Property Solicitors v2

Testimonials

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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.

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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.

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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.

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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.

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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.

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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.

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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.

Business Testimonials

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.

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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.

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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!

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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.

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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.

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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.

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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.

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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.

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.

Richard M

Richard Meehan

Richard is a Partner in our Commercial Team

Rob B FINAL

Robert Brothers

Robert is a Senior Associate in our Dispute Resolution Team

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Karam Bhatti

Karam Bhatti is an Associate in our Commercial Team

Liv On final

Olivia O'Neil

Olivia is a Solicitor in our Dispute Resolution Team

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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