No one wants to find out their trademark has been stolen or infringed upon. Trade mark disputes are more common than you might think and, if not dealt with swiftly, can become very costly in many ways.
If a dispute goes to litigation, it can cost upwards of £150,000 easily. So how do you detect trade mark theft before it escalates and keep yourself out of lengthy and costly legal disputes? It all starts with a good watch service in place.
What is a Trade Mark Watch Service and How Can It Help You?
When it comes to protecting your business’ intellectual property, you need to be proactive in your approach. A trade mark watch service monitors all new trade mark filings and alerts you to any applications that may conflict with your own, ensuring that a business cannot try to register and use the same or a similar mark “behind your back”. This is what makes a watch service so invaluable in protecting your business and brands.
You should set up a watch service as soon as you have registered your trade mark. Once set up, the service then monitors your competitors and ensures your mark is protected from infringements, whether intentional or accidental. This service is carried out by expert trade mark lawyers who will monitor and review any potential threats and be ready and able to take immediate action when need be.
Why Early Detection Matters
Early detection of trademark infringements allows for swift intervention. It’s a lot easier to settle a dispute in the early stages rather than after a business has registered their trade mark under law and has been using it for a long time.
If a competitor has invested a lot of time and money into the same or similar mark and has established a successful brand and strong customer base off the back of it, they are far less likely to give it up without a fight.
Therefore, identifying potential infringement during the application phase increases the likelihood of resolving disputes without the need for legal action. It gives you the ability to address the perceived conflict at the earliest opportunity and before it has become a registered trade mark, which provides you with a much stronger legal footing. As there is no place for complacency when it comes to an IP dispute.
How to Avoid a Court Case
With hundreds of thousands of trade marks being applied for every year in the UK, the chances that you will come up against someone trying to steal your intellectual property is highly likely. While the court is the last resort, it can and does inevitably happen in many intellectual property disputes.
So how can you stop this from happening, if possible?
- Cease-and-Desist Letters
A cease-and-desist letter is your first line of notification of your concerns in these types of disputes. This is a formal letter drafted by your legal representative, requesting that the offending application be withdrawn.
The purpose of sending this letter is to notify the offending party about your concerns. Often, the party might be unaware that their actions are conflicting with your established IP rights.
In many cases, upon receiving a cease-and-desist letter, the offending party will reassess their position. They may choose to modify their application or remove it entirely to avoid you taking further legal action.
It is the critical first step in protecting your intellectual property and asserting your trade mark rights. An expertly drafted cease-and-desist letter also lays the groundwork for potential legal action if the issue is not resolved amicably.
- Opposing a Trade mark Application
When you are first notified of a trade mark application, you have the option to oppose it. This is the next step if your cease and desist letter has been ignored. You can either oppose the whole application or parts of it, depending on the extent to which you feel there is a conflict. With IP being a complex area of law, you are advised to use expert trade mark lawyers in handling conflict matters and opposition proceedings.
The Intellectual Property Office will then review the case and make a decision based on the arguments presented. This full process will be taken care of by your legal team and so ensuring you have an experienced lawyer at your side is essential.
If successful, the application will be rejected or will have to be changed. If you are unsuccessful, then there is the opportunity to appeal the decision.
If you want to find out more about how to protect your brand from copycats then read our blog on how to trade mark your insignia and why it matters.
But What Happens if a Trade Mark Has Already Been Approved?
If you find that a trade mark has already been registered, this does not mean you will definitely have to go through litigation. Again, a dispute can still be settled out of court with expert negotiation and dispute resolution. This will be done on your behalf through an expert trade mark lawyer who can implement the best legal strategy to ensure the offending company stops using your trade mark without the need of a lengthy court case.
“Having a watch service is akin to placing a protective shield around your brand. It allows proactive detection of any threats to your IP and enables prompt and strategic action to preserve your brand’s integrity and exclusivity. This gives you peace of mind that your trade mark is safe no matter who comes along to try to steal it.”
– Gifty Gakpetor, Trade Mark Lawyer and founder of IPTogether
At IPTogether, our team of highly experienced IP lawyers specialise in trade mark protection, offering comprehensive watch services across a broad range of jurisdictions and sectors, safeguarding the brand you’ve worked so hard to establish.
We diligently monitor filings to identify potential trade mark abuse as soon as an application has been made, taking immediate action to seek the most cost-effective outcome. So if you’re looking to protect your brand and avoid the costly pitfalls of trade mark disputes, then get in touch or give us a call on + 44 (0)330 1339847
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