Using a lawyer for trademark infringement

Trademarks are symbols that distinguish goods and services in the marketplace, such as logos or brand names. If you think that another business is using an identical or similar trademark for identical or similar goods or services, you should speak to a lawyer for trademark infringement about protecting your intellectual property rights. Similarly, if you are using a trademark for your goods and services which you think may be identical or similar to your competitor’s, you should get advice from a trademark lawyer as to whether you may be infringing their intellectual property rights.

An important first step that a lawyer will take regarding trademark infringement is to check whether the trademark is currently registered. A registered trademark allows you to take legal action against anyone who uses the trademark without permission. It also allows criminal charges to be brought against counterfeiters.

When a trademark is not registered you may still be able to take action against unauthorised use using the common-law action of passing off. A passing-off action requires you to prove that you have built up a reputation in the mark and that you have been harmed in some way by your competitor’s use of the mark. Passing-off actions can be very difficult and expensive to prove.

Other options a trademark infringement lawyer may advise you on include the offender ceasing to trade under the mark, or negotiating a co-existence agreement whereby both parties agree to use their similar trade marks on certain terms and conditions.

If you would like to obtain legal advice on trademark infringement, Contact Law can put you in touch with a local specialist intellectual property solicitor / trademark free of charge. So, if you have any questions or would like our help in finding local intellectual property / trademark solicitors please call us on 0800 1777 162 or complete the web-form above.