Trade Marks & Brand Protection

Our trade mark attorneys are experienced in all aspects of brand protection, including:

• Trade mark searching and clearance
• Preparing and filing trade mark applications
• Advice when objections are raised to a trade mark application
• Negotiation and settlement in cases of opposition or infringement
• Watching the market to ensure you are notified of any infringing activity

We always ensure our advice is practical and relevant for your business. We strive to be clear on the legal aspects of our work, but we know that law operates within a commercial context.

Trade Mark searching & clearance

Prior to adopting or using your preferred trade mark, it is important that a trade mark clearance search is carried out. This will ensure that the trade mark is free for use and registration. Failure to take this step at the start of launching a new brand or product could prove very costly further down the line.

If you get in touch with us at the beginning of the selection process, we can assist in choosing the right brand for you, based on our experience and the results of these searches. Our searches will identify any other marks already on the register that may prevent you from registering or using your chosen trade mark. We will also be in a position to advise you of the risks involved in registering or using your chosen trade mark, and how to overcome any potential issues raised in the searches.

We are also able to conduct searches of official registers in many different territories worldwide, to identify any obvious earlier rights that may prevent you from registering or using your chosen mark in other countries. Again, searching before applying to register can save your company from incurring significant costs further down the line.

Trade Mark application process

Our team works with you to manage the application process, including:

• Preparing and filing: deciding which categories to cover to ensure adequate protection is a crucial decision. We ensure you get the right balance between filing in enough categories, but not so many that the process becomes unprofitable. 
• Objections by the relevant trade mark office: we can advise on overcoming any objections raised.
• Opposition proceedings: we understand that receiving an opposition can be a very stressful experience, and we can manage the entire process on your behalf. This includes advising on the merits of any objection raised by third parties, assisting you in negotiating settlement agreements and representing you in formal opposition proceedings.
  

World-wide trade mark protection

Intellectual property rights are limited nationally, which means that you will need specialist help and advice in each country where protection is required. Where we do not have Maucher Jenkins offices, we have spent many years developing a network of associates with specialist knowledge in their own jurisdictions, and we review each one annually for quality and cost.

Infringement proceedings

Our experts are able to advise on bringing trade mark infringement proceedings and can also deal with counterfeiting or trading standards matters. Our team can also advise you in any infringement proceedings brought against you.

More details on these services can be found here: IP Litigation & Dispute Resolution

Trade Mark portfolio management

Renewals

In order to stay valid, a registered trade mark must be renewed periodically, usually every 10 years. We are able to advise you on the management of your renewals, to ensure you do not spend money unnecessarily on the renewal of trade marks which are no longer required.

Annual portfolio reviews

Once your first trade mark applications have proceeded to registration, it is important to ensure your portfolio is kept up to date. We are able to assist you with an annual portfolio review. This will make sure that any new brands that you have adopted in the previous year have been filed as trade mark applications. Further, if you have expanded the use of any existing brands into new territories, then we can arrange for trade mark filings in the relevant countries. The annual portfolio review is also a useful opportunity to identify any brands which your business no longer wishes to use.

Trade Mark watching

When a trade mark is registered, it is important to make sure that your competitors are not trying to register a very similar trade mark in the same sectors. We can set up a ‘watch service’ for you which will pick this up. Quick action can then be taken to prevent the registration of similar marks and to stop infringement of your registered trade marks. 

Many countries no longer examine trade mark applications on the basis of earlier rights. This means that when a trade mark application is filed it will not be prevented from registration if your earlier similar trade mark is already on the register. These national offices are now leaving it up to the owners of the earlier marks to object to a new application themselves. This is where the watch service will come into play.

The watching service can work in one of two ways:

• A periodic report is sent to you detailing all newly filed applications which may conflict with your earlier rights. You would then review this report yourself and let us know if you require any further information or advice. 
• Alternatively, we would review all of the new marks found and send you our advice and recommendations.

Domain names

Domain names are crucial to creating or raising an Internet profile so that customers and potential new customers can find the site they need. By integrating strategic domain name advice with advice on trade mark protection and enforcement, we help make this happen.

Why choose us as your trade mark attorneys?

• We offer cost-effective trade mark advice.
• We know that value for money is paramount to our clients. We are experienced in sensitively tailoring our services for different budgetary requirements.
• We strive to deliver high quality, cost-effective, and practical advice, in accordance with the individual needs and the commercial objectives of our clients.
• Our attorneys are consistently recognised as some of the industry’s top professionals.