Trade mark infringements

The owner of either an unregistered or a registered trade mark right can sue people who use the mark (eg, make, sell, use or import products under the mark) without his consent.

Remember that your trade mark could infringe somebody else's rights just as easily as the other way round.

It's vital that you seek legal advice immediately if either (a) you suspect someone is infringing your trade mark rights or (b) you're concerned you might be infringing someone else's.  We can help.  In particular we can advise whether a trade mark infringes, or otherwise conflicts with, another registered or unregistered mark.  We can also give an opinion on the likely validity of a trade mark registration, since it can't be enforced if it can be shown to be invalid.

If legal action follows, we can guide you through and put you in touch with specialist intellectual property solicitors and barristers.

It's also worth knowing that Trading Standards officers and HM Customs officials can help you to police your registered trade mark against infringers.  If you have reason to believe that a consignment of pirate copies is about to enter the UK, Customs officials have the power to seize those copies for the trade mark owner.  Further down the supply chain, Trading Standards officers and even the police are able – with appropriate search warrants – to seize pirate copies from for instance market stalls, shops and warehouses.  You can read more about piracy and IP crime on the UK Intellectual Property Office's "IP Crime" web page.