TRADE MARK SERVICES
A similar sign does not automatically establish infringement. The protected right, territory, products, actual use and available defences must be assessed together. Prompt evidence preservation is often essential.
How we approach your matter
We review register records, dated screenshots, products and correspondence. The response can involve negotiations, a cease-and-desist letter, platform procedures, interim relief or a main action, according to the facts.
Practical examples
Investigating a suspected infringement
Preserve screenshots, product samples and sales information showing the disputed use. Compare the sign, territory and goods with the registered rights before selecting a proportionate enforcement step.
Defending against an asserted right
Check the asserted registration and the way the client actually uses its sign. Assess the claimed similarity, relevant market and available defences before responding to the rights holder.
Coordinating enforcement in several countries
Map the alleged infringement across the affected countries and sales channels. Prioritise the most significant conduct and coordinate local advice, evidence collection and remedies for each territory.
What to send us
- The proposed mark or register numbers and proprietor details.
- A description of the goods, services and target markets.
- Relevant correspondence, evidence and deadlines.
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Practical legal assessment
Compare the enforceable right with the actual use complained of. Territory, products, similarity and the nature of use matter. An overlapping word in any context does not automatically establish every asserted remedy.
Preserve evidence before making contact: complete offers, dates, seller identification, delivery information, product images and any test purchase. Screenshots without a URL or time can be difficult to interpret later. Check ownership, register status and use of the asserted right as well.
Choose the response according to the objective and urgency. Options may include contact, a warning letter, negotiation or court action. Injunctions, information and monetary claims have separate requirements. A workable settlement needs clear terms for stock, transition and future use.
Four practical examples
Illustrative scenarios to explain the assessment; these are not reports of client matters.
Similar product listing
A competitor uses a similar name on the same platform. Preserve the full listing and compare the goods before requesting removal.
Reseller references a brand
A seller uses another brand to describe compatible accessories. Distinguish misleading origin claims from a descriptive reference to intended use, considering the actual presentation.
Imported goods
Suspect products enter through an importer. Examine origin, consent, supply chain and territory rather than assuming every foreign purchase is infringing.
Settlement for remaining stock
The parties consider a sell-off period. Specify quantities, territories, labelling and checks so the settlement does not create another dispute.
Why preserve evidence first?
Offers can change or disappear when the operator learns of the dispute. Record complete sources and a reliable chronology before making contact. Also ensure the evidence-gathering process is lawful and proportionate.
Preparing the next step
Provide the exact sign, relevant products, target territories and any register numbers. If there is an office notice or dispute, include the complete correspondence and the date of receipt. We identify missing information, agree the scope and clarify fees before taking further steps.
A useful instruction file distinguishes the confirmed facts, missing information and decisions still to be made. Keep dated versions of specifications, sign designs and correspondence so changes can be traced. Agree who approves each step and who monitors the next deadline. Where several companies or advisers are involved, document their respective roles. The resulting plan should connect the legal assessment with the operational changes needed in packaging, contracts, sales channels or register administration.
Discuss your trade mark matter
Tell us about your mark, target markets and any deadline. All fields are optional; please provide an email address or telephone number if you would like a reply. Sending an enquiry does not itself place an order or establish a client relationship.