While most intellectual property disputes can be dealt with as a civil matter, there are a number of criminal offences involving intellectual property infringement, and it is possible for rights holders to bring a private prosecution where such an offence has been committed. This guide sets out some important considerations when contemplating bringing a private […]
There are a number of key differences between litigating in the IPEC and the Intellectual Property List in the Business and Property Courts division of the High Court. The IPEC has historically been a place where the route to final hearing is generally swifter, and both the limit on damages to be paid and legal […]
If you are concerned that a UK trade mark application by a third party conflicts with your own rights, one option available to you is to bring trade mark “opposition proceedings” before the UK Intellectual Property Office. The best way to receive advance notice of a conflicting trade mark application is to put in place […]
A trade mark is a word, logo, phrase, design, symbol, sound or colourway that indicates the origin of a product and distinguishes it from the goods and services of others. A comprehensive trade mark portfolio can be one of the most valuable assets for a business. Trade mark rights are powerful, with unequalled longevity as […]
What is a trade mark search and why is it needed? There have been many examples of businesses launching a new brand to only then be challenged by a third party, which results in either the business dropping the new brand or getting embroiled in litigation. A trade mark search enables a business that wants […]
Registering a trade mark is an essential part of protecting your brand. This guide sets out the key steps in the process of applying for registration and how Ionic Legal can help you throughout. Step 1: Before Filing Consider carrying out clearance searches, which will feed into any strategic advice on what to register. Ionic […]
Legal practitioners have been eagerly awaiting the Supreme Court’s decision in SkyKick UK Ltd and another v Sky Ltd and others, which essentially relates to two issues: (a) what is the test for determining “bad faith” in s3(6) of the Trade Marks Act 1994?; and (b) if bad faith is established, what is the correct […]
It is important to keep a watch on third parties to ensure that they are not adopting an identical or similar brand which conflicts with your rights and causes customer confusion. There are many watch services in place, but the most common is a trade mark watch service which will, depending on the scope of […]
Curious about trade mark protection? We have collated some of the most frequently asked questions we receive relating to trade marks below. This information relates to trade mark protection in the United Kingdom. If you have questions regarding trade mark protection further afield, please get in touch – we have correspondent law firms in most […]
Brands are highly commercially valuable, with the top global brands, such as Apple, Nike and Audi, being worth billions of pounds. This isn’t surprising given that consumers look to brands for reassurance when making purchasing decisions in increasingly product saturated markets. Accordingly, generating customer brand loyalty is a prime concern for manufacturers and retailers, and […]
