A strong trade mark is key to developing a successful business.  A trade mark does more than just protect your business, it adds value too.  Sometimes a trade mark may account for up to 70% or more of the total value of your business.  With this in mind, it’s easy to see why trade mark infringement is so important.  You need an IP firm that understands your commercial aims and objectives and can provide you with the necessary vigilance to protect your trade marks.

It’s almost inevitable that a successful business will need to defend its trade mark at some point from ruthless competitors.  Common trade mark disputes involve issues relating to infringement, passing off trade marks (misrepresentation), and enforcement.

In a world dominated by the internet, we are now dealing with more and more cases involving digital elements, such as the surreptitious use of a trade mark in a domain name or pay-per-click advertising campaigns to drive traffic to a competitor’s website.

GJE’s trade mark team is experienced in handling all types of trade mark disputes across numerous industry sectors and in different jurisdictions.  We can help you resolve a dispute quickly with pragmatic advice in keeping with the long-term aims and strategy of your business.

Trade mark infringement

Infringement disputes involving trade marks are very common.  Should you find a competitor using an identical or “confusingly similar” trade mark, or you are accused of similar action, we can help you resolve the dispute in the most appropriate way.  Our advice will consider all contributing factors, such as the commercial background, the financial strength of the parties involved, and the probability of success.

Sometimes a fight is justified to fully resolve a dispute and to send a clear signal to other potential infringers.  At other times, a negotiated settlement may be preferable.  Whatever course of action is taken, you can be sure that our pragmatic approach will take care of your business interests.

Passing off trade marks

Misrepresentation of another’s trade mark – or passing off trade marks as it is known – can involve both registered and unregistered trade marks.  A passing off dispute may involve infringement and other circumstances too.  For instance, the internet could have provided your business with visibility in a country where it has no trade mark registration and where your goodwill and reputation could be exploited by others.

GJE’s trade mark attorneys are highly experienced in managing passing off claims and regularly work with leading IP firms in other jurisdictions to deal with disputes outside Europe.  If you are concerned that your trade mark may be vulnerable to exploitation or are aware that it is being misrepresented then we can help you.