Intellectual Property

Trade Marks

Specialist trade mark legal advice and support. 

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Specialist trade mark lawyers

By having a strong and distinctive trade mark, consumers and businesses can easily make repeat purchases in confidence that the additional products or services originate from the same entity. Trade marks come in many different forms, including word marks, logos, smells, gestures, colours, and sounds.

Trade mark rights are territorial. It is critical to ensure that you secure registered trade marks in relevant countries to prevent third parties from using an identical or similar mark and to prevent others from blocking the use and registration of your own mark. Our trade mark lawyers provide expert legal services in trade mark registration and enforcement to protect your intellectual property.

Our services

Our specialist trade mark lawyers can support you in:

  • Advising on the registrability of a trade mark and ensuring compliance with intellectual property law.
  • Devising a bespoke brand protection strategy tailored to your business or organisation.
  • Conducting clearance searches to determine if you are free to use and register your mark.
  • Filing and securing a trade mark registration with the relevant intellectual property authorities.
  • Assisting with trade mark applications and overcoming any issues with pending registrations.
  • Taking action (trade mark infringement, opposition, or invalidation proceedings) against conflicting trade marks or defending such actions on your behalf.
  • Managing your trade mark portfolio to ensure ongoing protection and compliance.
  • Implementing watch notices to monitor and prevent unauthorised use of your trade mark.
  • Drafting trade mark licensing agreements and assignments to protect and commercialise your intellectual property.
  • Conducting trade mark due diligence and auditing to assess IP risk and security.

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Why choose Foot Anstey?

At Foot Anstey, we work closely with businesses to ensure their trade mark strategy aligns with their commercial goals. Our trade mark lawyers provide tailored trade mark legal advice, helping clients secure protection in the UK and internationally. With deep expertise in intellectual property law, we help businesses establish strong rights, reducing the risk of trade mark disputes and simplifying resolution processes.

Our expert trade mark attorneys take a holistic approach to your intellectual property needs, advising on both protection and enforcement strategies. We take the time to understand your business objectives and deliver clear, actionable legal advice. By working collaboratively with our clients, we ensure that our guidance on trade mark applications, registrations, and disputes is seamlessly integrated into their business operations.

Our clients range from entrepreneurs and start-ups to some of the world’s leading multinational brands with extensive trade mark portfolios across various sectors, including retail, technology, energy, and infrastructure. Our trade mark team regularly collaborates with reputable partner trade mark law firms worldwide, providing tailored brand protection strategies for businesses operating in international markets. Through our global network, we efficiently resolve trade mark disputes and secure expert legal support for our clients.

Our people

Our trade mark lawyers understand the complexities of intellectual property law and provide businesses with practical, cost-effective solutions.

Whether assisting with trade mark registration, managing trade mark applications, or handling trade mark infringement cases, our dedicated trade mark team ensures that businesses maximise the value of their intellectual property and maintain strong brand protection in competitive markets.

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What do our clients say?

“(Charlene Nelson) an excellent practitioner who is proactive and practical. She partners closely with her clients to operate as an extension of their in-house team.”

World Trademark Review 2025

“The trademark team is very knowledgeable and handles all complex matters well, delivering an excellent service from the top down.”

Chambers UK 2025

“(Foot Anstey) are excellent at running cases efficiently and effectively. They always respond quickly to our instructions.”

Legal 500 2025

There are two rights which protect a trade mark in the UK. These are an unregistered UK trade mark and a UK registered trade mark.

This often appears with the letters TM/’™’ next to it. This right arises automatically and protects the goodwill associated with the mark through the law of passing off. To rely on unregistered rights to prevent a third party from using an identical or similar mark, you must show goodwill in the brand, a misrepresentation from the other side (that its goods or services originate from or are licensed by the brand owner) and damage. This is often difficult to show and the rights in passing off are quite narrow.

This often appears with the letter R/’®’ next to it. This right is applied for and, once registered, it typically protects the trade mark against the use and registration of an identical or similar mark in relation to identical or similar goods and/or services. Well-known marks can also be enforced in relation to dissimilar goods and services. The right is often much easier to prove and enforce than the unregistered equivalent.

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