Trade Mark Law

At MSR Solicitors, we understand the importance of trade marks in establishing a strong brand identity and protecting such a brand from infringement. One of the key services that we offer is the drafting of trade mark applications.

Registrability

The first step is for the client to provide us with a distinctive and legally enforceable symbol, word, or phrase that identifies a product or service in the market. We will then assist our clients in conducting thorough clearance searches to ensure that the trade mark is not already registered by another party. This step is crucial as it helps avoid any potential conflicts or legal issues in the future.

Our solicitors will also provide advice on the registrability of trade marks, taking into account the distinctiveness and non-descriptiveness of the proposed mark. This is based on the relevant legislation, including the Trade Marks Act 1994 and the Trade Marks Rules 2008. We stay up-to-date with any amendments or changes in the law to ensure that our clients receive the most accurate and current advice.

UKIPO Application

We have substantial experience in application process for registering trade marks with the UK Intellectual Property Office (UKIPO). Our team takes care of all the necessary paperwork and we liaise with the UKIPO to ensure a smooth and efficient application process – including, where instructed, a UK Right Start Application.

Our solicitors have a strong understanding of the case law surrounding trade marks, including key cases such as Sky v Skykick (2023), Cadbury v Nestle (2013) and Specsavers International Healthcare Ltd v Asda Stores Ltd (2012). This allows us to provide our clients with a well-rounded and informed approach to trade mark drafting and registration.

Oppositions

Our clients can also benefit from our expertise in handling trade mark oppositions and disputes. In the event that a third party opposes the registration of a trade mark, we work to defend our client’s rights and ensure a favourable outcome. We also assist clients in enforcing their registered trade marks against any infringement or unauthorised use.

Contact us today for a free initial consultation.

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