Trademarks and passing off

The effort expended in establishing the reputation of a business is one which involves time and money. This reputation is often symbolised by a mark (i.e. some form of logo, sound or even smell) which is particular to the business and distinguishes it from other businesses.

It is the distinguishing feature to which much value is attached as it draws in custom, based on reputation. It is therefore essential to ensure that the reputation/mark is protected by registration as a trademark. Once registered, only the trade mark owner is entitled to use it, prohibiting others from using a mark identical or similar to the registered mark without your specific consent.

As an alternate to the registered trade mark route, protection is also available for unregistered marks through an action in passing off.

Saracens can advise you on the basic features of a trade mark and how protection can assist your business. We can apply for registration of the trade mark, conduct a search of the register for other existing similar marks and file the necessary documents with the relevant authorities in England and internationally.

Our experts have a wealth of knowledge on the different methods available to use a trademark right as a source of revenue, including drafting licence agreements and sale contracts.

Combining our experience and knowledge with that of our litigation department, we offer advice on infringement proceedings (in respect of claim or defence), challenging the validity of a trade mark and revocation proceedings.

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