Trade Marks
We tend to instinctively know a trademark when we see one. It is something distinctive (for example an individual word, a symbol, or a logo) which is recognisably attached to a particular company or business. It is what makes a business, its brand or its products distinct from others and customers can often instantly recognise a trademark, even if there are no words attached to it. However, certain words such as slogans or names, as well as more abstract concepts such as colours (think of the Cadbury’s purple) can be trademarked.
Solicitors specialising in trademarks can help you if you want to register a trademark, as there are strict legal requirements, and they will help you consider whether your proposed trademark distinct enough, or if anyone else has a similar mark, by carrying out searches for you. There are of course times when a trademark is infringed and if you are in this position we can help, by sending a cease and desist letter to the infringer, and taking legal action if necessary to protect your brand. This is a complex area of law and our experts can help you navigate your way through.
-
Matthew Howe
Trademarking a nickname is the preserve of the famous, but how can you protect your rights? -
A cryptocurrency business has failed in its attempt to register the name "Pablo Escobar" as a trademark. -
A well-publicised dispute between supermarkets about their caterpillar cakes has been in the news again recently. -
Matthew Howe
In a 2018 decision, a small business refused to be brought down by Monster Energy, who lost a case of trademark infringement, despite having deeper pockets.
-
Matthew Howe
The long running case between Nestle and Cadburys still rumbles on