By registering a trademark with the Intellectual Property Office (IPO), a business will be able to clearly distinguish its unique products and services from those of its competitors. Where someone infringes a business’s trademark, this could be sufficient grounds to bring forward legal action.
Where an allegation of trademark infringement is made, unpicking the details of the incident and how the law applies can often be extremely complicated, especially as the penalties for such an offence can be strict.
At Saunders Law, our Media law team acts for both claimants and defendants in trademark infringement disputes. We have substantial experience with the laws and procedures related to trademarks, advising a wide range of businesses across a variety of sectors.
Our clients rely on our sensible and pragmatic advice to find effective solutions to trademark disputes, as well as our vigorous advocacy skills. Regardless of whether we are bringing or defending a trademark infringement claim, we can offer a comprehensive assessment of the situation and be transparent about the likely costs involved - as well as the available funding options.
Operating from offices in the [City/central London], we are ideally located to guide and represent clients in London and across England and Wales in relation to trademark infringement claims.
Find out more about the firm, its teams and its typical work by taking a closer look at our clients.
Speak to our trademark infringement lawyers in London
For expert assistance in taking action or defending against an allegation for trademark infringement, contact Saunders Law today. We offer a free, no obligation initial discussion about how we may be able to help.
Call us on 020 7315 4809 or make an enquiry online.
Why work with our trademark infringement experts?
More than 40 years’ experience
At Saunders Law, our partner-led team of media law solicitors draw on over 40 years of knowledge and experience. Our advice always takes reputational issues into consideration, and we have an excellent track record of successfully protecting our clients’ interests.
Independently recognised expertise
Our team have been independently recognised for our market-leading expertise, with strong rankings in highly respected client guides the Legal 500 and Chambers & Partners.
Commercially minded approach to match our clients’ priorities
No matter what the situation might be, we carefully plan our strategy around our clients’ circumstances and priorities. Our team have strong skills in negotiating out-of-court settlements and exceptional expertise with court litigation. We can take the most appropriate approach based on your specific needs.
Exceptional personal service & client satisfaction
We pride ourselves on always providing an exceptional service. Our clients will receive a call back the same day following an enquiry and will be able to speak to one of our partners when required. We consistently achieve excellent feedback from our clients.
Examples of our successful handling of trademark infringement work
- Acting for a Paris based, international luxury cosmetics brand, protecting and enforcing its trademark rights against major international retailers.
- Acting for a major food brand in the successful enforcement of its trademark rights
- Defending a London based movie production company in trademark and passing-off proceedings.
- Advising a crypto currency as to the enforcement of its trade mark rights.
- Advising a London-Turkish joint venture technology start-up in respect of its IP rights, including trademark rights, in the dissolution of a 'blockchain' technology platform venture.
How our team can assist with trademark infringement
Taking action for trademark infringement
If a business has a registered trademark, it will be able to take legal action if someone else:
- Uses the trademark without permission
- Uses the trademark for commercial gain
- Uses identical marks for a similar service
- Counterfeits a service or services
- Falsely indicates the origin of a service or services
Where such examples of trademark infringement have occurred, we can advise on the best approach to take and what the next steps should be. Depending on the circumstances, this may involve applying for an injunction to prevent the other party from continuing any activity related to the trademark.
We can also advise where a client’s reputation has been significantly damaged as a result of the trademark infringement or where the other party has made financial gain. In these situations, it may be possible to pursue compensation.
We are happy to correspond with the party or parties responsible for infringing on the trademark, setting out the legal position and the actions required to avoid litigation.
Where a satisfactory outcome cannot be agreed voluntarily, our trademark infringement lawyers will be able to launch court proceedings, robustly defending our client’s commercial interests.
Defending allegations of trademark violation
Should a business be accused of trademark infringement, it is essential that they seek immediate legal advice, as the potential consequences can be severe.
Our trademark infringement lawyers are happy to correspond with the party alleged to have infringed on a trademark. We can advise on whether an allegation has merit and what the appropriate response should be. No matter the circumstances, we will always provide carefully balanced advice, weighing up our client’s commercial considerations with the overarching legal argument.
Frequently asked questions about trademark infringement
What is trademark infringement?
A trademark can be anything that allows a consumer or client to clearly distinguish a business’s goods or services. Typically, a trademark can be a unique company name, logo, product name or tag line.
Once a trademark is officially registered, if an individual or another business tries to use something that is the same or is very similar to the trademark, causing confusion as to the origin of goods/services or unfairly takes advantage or damages an existing trademark, this can be considered trademark infringement. This is regardless of whether the infringement is intentional or not.
What are some examples of trademark infringement?
There have been a number of high-profile trademark infringement cases in recent years which demonstrate how these types of cases can unfold.
For example, in 2021, the plant milk maker Oatly engaged in court proceedings with a Cambridgeshire farm over the sale of a brand titled ‘PureOaty’.
On a wider scale, fashion label Chanel lost an EU court battle in 2021 after launching a trademark infringement claim against the Chinese technology firm Huawei, on the grounds that their logos were too similar.
How do I avoid trademark infringement?
It is often the case that those guilty of infringing on a trademark do so unintentionally. There are a number of ways in which you can avoid trademark infringement, preventing an issue from occurring in the first instance.
We would always recommend speaking with an intellectual property lawyer, who can advise you on ‘clearance searches’ before using a mark. A source of information on this is at the Intellectual Property Office’s website.
What can I do if someone is using my trademark?
If you believe that someone is using your trademark without permission, your first response should be to speak to our expert trademark infringement lawyers. Drawing on our expertise and experience, we can provide carefully tailored advice on your situation and whether you have grounds to take action against those responsible for infringing on your trademark.
From here, we can advise on the next steps and what actions can be taken to ensure your trademark remains protected.
Arrange an initial, no obligation consultation with our trademark infringement solicitors in London
For a free, no-obligation, initial discussion of how we may be able to help, please contact us.
Call us on 020 7632 4300 or make an enquiry online.