Intellectual Property

Intellectual Property is the legal term used to describe things you have created that are protected by law. Unlike physical property, intellectual property relates to things you cannot touch, such as ideas, branding, designs, content and innovations

Your business name and logo can be protected by trade mark registration. This helps prevent others from using the same or a confusingly similar name or logo. Without protection, it can be much harder to stop people copying your ideas.

If someone uses your name, branding, images or written content without permission, you are able to take legal action to stop them and to recover any losses you have suffered. The right approach depends on what has been copied and how. We would recommend you seek legal advice early to try and resolve this in order to save your costs.

Yes, confidential information can often be protected using Non-Disclosure Agreements (NDAs). These are particularly important when discussing ideas with potential partners, inventors or contractors.

The law does not protect ideas on their own, but it may protect how those ideas are recorded, designed or used. For example, written material, designs, branding or confidential information may be protected.

Whilst some rights arise automatically, registering a trade mark provides stronger legal protection and makes enforcement easier. It can also increase brand value and provide clarity when selling or licensing a business.

Yes. A company name, website and/or product names are all intellectual property because names are a physical property you have created. Registering your company name with Companies House means that no other company can register under that name.

Although you may have registered your company name at Companies House, a sole trader or partnership (not registered with Companies House) may still trade under a name which is the same or similar to your company name. To avoid this and to protect your business name, you can register your company name as a trade mark with the UK Intellectual Property Office, provided it meets the criteria for registration.

A trade mark opposition is a formal process that allows a third party to object to a trade mark application before it is registered. This usually happens when an application is considered too similar to an existing trade mark or could cause confusion in the marketplace.

Oppositions must be filed within a strict time limit once a trade mark has been published. Acting quickly is vital if you believe you have grounds to oppose an application.

Common reasons for opposing an application can be:

• The mark is too similar to your existing brand.
• It could confuse customers.
• It takes unfair advantage of your reputation.

Oppositions are often a cost-effective way to protect your brand early. If you see a trade mark published which is similar to your trade mark, we would strongly advise you to seek advice on filing an opposition.

An invalidity application challenges a registered trade mark on the basis that it should never have been registered, i.e. because it conflicts with earlier rights.

If successful, the trade mark is treated as if it never existed.

Revocation is used to remove a trade mark because it is no longer being properly used or has lost its distinctive character.

Unlike an invalidity claim, revocation usually applies from the date of the application rather than treating the mark as if it no longer exists.

Trade Mark infringement relies on registered rights. Passing off protects unregistered brands. Whilst registration can significantly strengthen your legal protection, this is not to say you cannot pursue a claim of passing off. You should seek advice if you think someone is imitating or copying your brand, company, website or your work.

Do not ignore it. Claims can escalate quickly and become costly. Prompt legal advice can help you to assess the risk, negotiate a solution, or if necessary, defend a claim.

Do not ignore this. Cease and desist letters are often the first step in formal legal action. We would urge you to seek independent legal advice for someone to assess the claim and advise you as to your opinions, in relation to responding, negotiating or complying.

Yes, many disputes are resolved through:

• Negotiation.
• Settlement Agreements/Co-Existing Agreements.
• Licensing arrangement.
• Alternative Dispute Resolution (ADR).

Court Proceedings are usually used as a last resort however are necessary to protect someone’s rights or to stop/prevent harm.

Courts may order:

• An injunction to stop the infringing activity.
• Damages or compensation.
• An account of profits.
• Delivery up or destruction of infringing items.
• Costs Order.

The Court will aim to prevent further harm being caused and provide an appropriate remedy. The appropriate remedy is dependent upon the facts of the case.

Yes. You can seek an urgent Court Order (such as an injunction) in order to prevent further harm. We would advise you to seek independent legal advice, as a matter of urgency.

Yes, Intellectual Property can be transferred or sold to a third party. Due to the rights attached to the Intellectual Property, to successfully transfer Intellectual Property, you would need to sign a document which states that you are assigning your rights, interest and title in the Intellectual Property, to the assignee.

In the UK (and in most other countries), a trade mark lasts 10 years from the date it is registered. Trade marks do not renew automatically. The owner must apply to renew and pay the renewal fee.

Trademarks are renewed in further ten-year periods and have the capability of lasting forever if renewed every ten years. In the UK, if you do not pay your renewal fee by the next renewal date, your mark will expire.