Trade mark infringement
Trade mark registrations exist to prevent others using your brand, or anything confusably similar to it. Access to cost-effective and efficient enforcement services is therefore vital if your trade mark registrations are to serve their purpose.
If someone copies your brand, either intentionally or inadvertently, it can confuse your customers, cost you sales and in the worst cases damage your reputation or dilute your brand. It is the kind of problem which needs to be dealt with quickly and decisively, and we have a lot of experience of doing just that.
In most cases it does not prove necessary to go to court. If a trade mark owner wants to put a stop to an infringer’s activities, in many cases a simple cease and desist letter will achieve the desired result. If not, it may be necessary to begin the initial steps of bringing a trade mark infringement action in the Patents County Court or the High Court, which places such pressure on infringers that they often capitulate. The costs of taking such actions are easily within the means of most trade mark owners.
Suing for trade mark infringement, or threatening to do so, is not the only solution. Instead revenue can be generated by granting the infringer a trade mark licence, or even selling them your brand. Other agreements are also possible, such as amicable co-existence, or a one-off financial settlement. Every situation is different, and it is a question of employing the right strategy to obtain the best result for you.
Sometimes trade mark rights are infringed in multiple jurisdictions around the world, and Baron Warren Redfern also has particular experience in co-ordinating global trade mark infringement action through its foreign associates. In particular, we have recent good experience of dealing with brand theft in the Far East. We place great emphasis on ensuring the highest benefit to cost ratio in such circumstances.
At Baron Warren Redfern we have close relationships with various excellent IP litigators whom we use whenever court action proves necessary.
If you would like to know more about enforcing your trade mark rights please contact us using the link on the left.