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FREE TRADE MARK SEARCH

Click here to get your free Trademark Search Report.

Find the best, legally available trade mark for your product or business.

REGISTER YOUR TRADE MARK
 
Click here to submit details of the Trade Mark that you would like to register.

We will contact you within 24 hours with a firm quotation for the registration(s) required.

We register trademarks in the UK, EU and internationally.

All our searches are carried out by fully-qualified solicitors.

Trademark Registration Wars Between Competitors

Facts: We were approached by a computer retailer who had received a ‘cease-and-desist’ letter from solicitors saying that his company name was infringing their client’s name and asking for an undertaking to stop using the name forthwith. Our client had been using the name for 16 years and was aware that the competitor had been using the same name for a number of years also. There had been legal wrangling between them for some time. We immediately carried out a free trademark search for our client and discovered that the competitor had recently filed a trademark application to try and take exclusive rights in the name for himself by means of trademark registration. Fortunately, we were just in time. The opposition period at the Registry still had two days to run so we filed an immediate opposition to block the competitor from taking the exclusive rights to the name. We where then able to negotiate an agreement under which our client was paid a substantial six-figure sum on the basis that he rebranded his business which he had come to the conclusion that he wanted to do anyway for other commercial reasons. We agreed that we should hold the url in trust for a period of 12 months until our had completed the rebrand and that all enquiries from that web-site should be forwarded to our client. Obviously, this time our client instructed us to carry out proper trademark searches on his new name to ensure that it was legally available and then we filed EU applications to protect his new name by way of trademark registration throughout the EU so he will never be in the same predicament again.
Moral:  Always protect a brand by early trademark registration and, if there is ever any conflict or dispute, call us as soon as possible because there are often time-limits involved which, if missed, can seriously undermine your case. Never open a dialogue with anyone who says you are infringing their trademark rights. Always take legal advice first. There are often ways in which your trademark position can be improved before you disclose your hand to the opposition
If you have a query please contact us today, our specialist lawyers will be pleased to help.
ABOUT TRADE MARKS
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© Laytons LLP. Laytons LLP is regulated by the Solicitors Regulation Authority. Registered number: OC370679.
Registered Office: 2 More London Riverside, London. SE1 2AP Tel: +44 (0)20 7842 8000 | Email: trademarkhelpdesk@laytons.com