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Trademarks and Patents

Intellectual Property is the umbrella term for rights such as trademark, patent, designs and copyright.

Depending on what has been created, inventors and entrepreneurs need to think about the type of intellectual property protection that may be needed.

Trademarks are names, phrase, signs or logos unique to a company. A trade mark can only be protected if it is distinctive and differentiates your goods or services from those of others. If it is registered, an owner of a trade mark has exclusive rights to use it.

If you register your trademark and someone uses it without your consent, you can commence proceedings against the trademark user and claim damages for the losses you have suffered as a result of infringing your rights.

A patent is a right which protects an invention or a method. It gives the inventor the exclusive right to use it and prevent others from making, using, importing or selling that invention without the owner’s permission for up to 20 years. To obtain a patent the invention must meet specific requirements. It must be new, have an inventive step, be capable of being made or used in an industry and not be in one of the exempt categories.

Likewise, if an individual or business infringes your patent, it is in breach of your patent rights. You have the right to issue proceedings and claim damages for losses suffered.

We regularly advise and make both trademark and patent applications for our clients. We can advise you on obtaining such protection both here in the United Kingdom and abroad, including the United States and Europe. If you happen to discover someone using your patent or trademark, our litigation team can advise you and represent you in infringement proceedings and ensure your intellectual property is protected.

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