Trademark disputes are serious and can be a drain on a company's key resources
Knowing how to navigate one should it arise is key for any business when protecting its brand.
Photo by Bob Brewer on Unsplash
Words by Dr Martin Douglas Hendry
Introduction
As a business owner, protecting your brand and intellectual property is of the utmost importance. This is especially true when it comes to trademark disputes, which can be costly and time-consuming to resolve. In this blog post, we will provide some best practices for large UK businesses to follow in order to maximize their protection and avoid trademark disputes.
Conduct thorough trademark searches before launching a new product or service
Before launching a new product or service, it is crucial to conduct thorough trademark searches to ensure that your proposed branding does not infringe on any existing trademarks. This can save you a lot of time and money in the long run, as trademark disputes can be costly to resolve.
Register your trademarks with the UK Intellectual Property Office (UKIPO)
Once you have conducted your trademark searches and are confident that your branding is unique, the next step is to register your trademarks with the UK Intellectual Property Office (UKIPO). This will provide you with legal protection and make it easier to defend your trademarks in case of a dispute.
Monitor the market for potential infringement on your trademarks
Even after registering your trademarks, it is important to remain vigilant and monitor the market for any potential infringement on your trademarks. This can help you catch any potential disputes early on, before they escalate into full-blown legal battles.
Act promptly and decisively if you believe your trademarks are being infringed upon
If you believe that your trademarks are being infringed upon, it is important to act promptly and decisively. This may involve contacting the infringing party directly, hiring a lawyer, or taking legal action. The sooner you address the issue, the better your chances of resolving the dispute quickly and favorably.
Consider using alternative dispute resolution methods
In some cases, it may be beneficial to try alternative dispute resolution methods such as mediation or arbitration instead of going to court. These methods can often be faster and less costly than traditional legal proceedings and may help you resolve the dispute to both parties' satisfaction.
Conclusion
Trademark disputes can be costly and time-consuming for large UK businesses, but by following these best practices, you can maximize your protection and avoid disputes altogether. Conduct thorough trademark searches, register your trademarks with the UKIPO, monitor the market for infringement, act promptly if you believe your trademarks are being infringed upon, and consider using alternative dispute resolution methods. By following these steps, you can protect your brand and intellectual property, and avoid costly and time-consuming disputes.
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Virtuoso Legal is a team of intellectual property specialists based in Leeds and London - operating worldwide. Virtuoso Legal's team of IP experts have successfully tried cases in the IPEC, High Court, Court of Appeals and United Kingdom Supreme Court. In addition, the team assist companies in creating, commercialising and protecting the big ideas that make their business unique. The firm and its professionals are ranked yearly in legal directories such as the Legal 500 and Chambers and Partners, cementing their status as a Top 2% law firm in the world.
DISCLAIMER: The content within this post is for educational purposes only. Virtuoso Legal does not take any responsibility for those that use this information and waives any liability for any resulting effect on your personal or commercial circumstances. If you are experiencing an issue and need advice, we strongly encourage you to contact a solicitor to identify your best course of action.
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