Businesses often spend months choosing the right name and logo that reflects their brand and appeals to customers.
If a competitor starts using a similar name or logo, it can leave your customers confused or even damage your brand due to the associations.
One of the most effective ways to protect your business’s trademark is through enforcement.
Our Supervising Director, Luke Morgan, explains how to protect your trademark and why enforcement is needed.
What is a trademark?
A trademark is a form of IP that protects a unique sign used to distinguish your goods or services from those of others.
These can include business names, logos, slogans, sounds or a combination of them.
In the UK, trademarks do not arise automatically and must be registered with the UK Intellectual Property Office (UKIPO).
UK trademarks must also be registered within one or more of the 45 different categories of goods and services.
Why do I need a trademark?
Registering your business name or logo helps prevent others from using the same or a confusingly similar name in your sector.
Without a registered trademark, another business could form a similar brand and potentially damage your reputation.
A word mark can offer greater protection for a trademark as it is your business name in plain text and covers the use of the name in any style or format.
Logos can also be registered, either on their own or alongside your name and this is beneficial if your design is distinctive.
Why is trademark enforcement needed?
When you spot any unauthorised use of your brand, trademark enforcement can help you protect your IP rights.
In the UK, enforcement usually relies on rights under the Trade Marks Act 1994 or the common law action of passing off if no registration exists.
A registered trademark gives you exclusive rights to use your sign for the goods and services covered and makes infringement easier to prove.
If you do not have registered rights, protection can often be enforced through passing off, but this requires more evidence.
You must prove that you have goodwill and that there has been misrepresentation or damage. However, this process can be time-consuming and often makes claims more difficult.
What should you do if you think infringement has occurred?
Under the Trade Marks Act 1994, infringement usually occurs when a sign identical or similar to your own has been used in the course of trade.
If this is used in relation to similar or identical goods or services to your own, it may leave your clients confused or even damage your brand or reputation.
If you think someone has infringed your trademark, you must gather sufficient evidence.
This can include dated screenshots of infringing websites, listings, adverts or social media posts or physical evidence such as packaging or products.
Businesses must know their rights so that they can identify the relevant registrations, filing dates, classes and any goodwill they have built.
If you are unsure of your rights or whether there is evidence of harm, you must seek legal support.
Once an infringement is clear, you must choose the right enforcement strategy. Some situations will call for early informal contact, but others will justify a formal cease and desist letter or platform takedown.
You must take care to avoid unjustified threats, as UK law places restrictions on infringement threats in certain circumstances, such as if no relevant IP right exists.
How can we help?
Many disputes are resolved through a cease-and-desist letter that clearly sets out your rights and proposes a solution, such as rebranding within a set timeframe or providing undertakings.
Online platforms and marketplaces are also more likely to act quickly where a registered trademark is involved.
If infringement continues, then negotiation or legal proceedings may be necessary and you should seek the right professional help.
Our expert team can help you protect your IP rights and trademark and take action on your behalf if a dispute arises.
To learn more about how to protect your brand or IP rights, contact our Intellectual Property team today.
