IPOne of the most valuable assets belonging to a business is its brand or trading name. The brand acts as a badge of origin enabling customers to rely on it to repeat their experience.

In the circumstances, brand owners need to protect their brands to ensure that consumers are not misled into believing that a third party’s goods or services originate from them, as this not only damages the relevant brand but leads to lost sales.

The most effective way for brand owners to address a situation where a third party is intending to use a mark which is identical or similar to an existing brand, is to take action as early as possible before the third party invests heavily in the brand by launching it and/or marketing goods or services under it. The earlier action is taken the better as it is more likely the case will be capable of being resolved without the need for court action or opposition proceedings before the trade mark registry.

For brand owners wishing to put in place an early warning system to notify them of any identical or similar trade mark applications to their brands, we encourage them to select an appropriate trade mark watching service. This will give brand owners early notice of a conflicting application filed anywhere in the world and they can then take appropriate action to prevent the use and registration of the third party application.

The watch notice can be put in place from as little as £100 plus VAT per month for each brand. As part of that service, we will review the daily alerts and notify you each week of any conflicting marks against which you may consider taking action.

Learn more

Please contact Paul Cox, partner in our intellectual property team on T: +44 2380 172212 | E: paul.cox@footanstey.com or Charlene Nelson, trade mark manager on T: +44 1392 685332 | E: charlene.nelson@footanstey.com

Tags: Intellectual Property2017