In the Information Age, it is important that businesses realise just how valuable their intellectual property (IP) is.
By protecting their trading name or distinctive trading “get-up” through Trade Mark Registration and documenting ownership of the copyright contained in images, written works and sound/moving image clips, businesses can ensure that others do not unfairly benefit from their creations, and generate maximum profit from these assets through licensing or, in some instances, “selling” these rights to others.
At Palmers Solicitors, we provide clear and frank advice on protecting, licensing or transferring IP rights, and the action that should be taken if a dispute occurs relating to your brand.
As no single agreement will suit all circumstances, the team at Palmers Solicitors can advise businesses on what should be included.
Should a dispute arise, we are able to take immediate injunctive or other action on your behalf.
We can advise on a wide range of matters, such as:
- Drafting trade mark applications
- Advising on measure to protect copyright
- Infringement of trade marks, copyright or design rights
- Abuse of confidential information and trade secrets
- Domain name disputes and other IT issues
- Data protection and privacy
- Breach of confidentiality agreements
- Mediation
Even if you have not yet registered your trading name, your rights may be protected using the common law action of Passing Off. In order to rely on this action, the business concerned must be able to prove that the reputation it has built up has been detrimentally affected by another’s use of its brand. This can be very difficult to evidence in practice.
It is far easier to take legal action against infringements of registered trade marks. On this basis, we advise businesses to seriously consider registration of their brand names and logos at the earliest opportunity.
