A trade mark is a recognisable sign that represents a specific product/service/company and legally differentiates it from other competitor signs within the market. A form of intellectual property, all sorts of signs can be a trade mark, such as a sound, word, logo, shape, colour or multimedia. Protection from competitive threats through appropriate trade marking is an important part of any intellectual property strategy as a business that intends to operate long-term in any competitive market.
We have the knowledge and professional expertise to help protect your trade marks. Here at Hargreaves Elsworth we are able to represent you and your trade marks in the UK, Europe and throughout the world. We provide a range of legal services related to your intellectual property, including trade mark prosecutions, renewals, searches and overarching trade mark portfolio management, as well as representing you at any opposition, revocation or invalidation proceedings.
We provide services to prepare, file and prosecute applications to register trade marks within the UK, EU or international markets via our trusted network of foreign trade mark attorneys.
We can advise on trade mark infringement and validity, including litigation advice and support; trade mark licensing; oppositions to pending registrations or revocations of registered trade marks; and ownership dispute.
Our diligent approach to protection of your trade marks includes first carrying out clearance searches of the trade mark registers to ensure that your proposed trade mark can, indeed, be registered or its use extended to new sectors or territories. We conduct both international and EUTM clearance searches to identify any potential infringement issues within the markets you will be operating. You will receive a report, detailing your ability to proceed with your trade mark and highlighting any potential barriers to registration at the next stage.
We can provide services for all trade mark registrations within UK and Europe, while established relationships with international attorneys in other territories mean we are able to select the best teams depending on client requirements for the co-ordination of global trade mark filing programmes.
We provide full pre-filing and post-filing trade mark prosecution services, including drafting your trade mark specification to ensure it provides the appropriate protection for your business requirements and representing you in the instance of any examiner or third-party objections.
In cases of trade mark opposition, revocation or invalidation we can provide services for you before both the UK Intellectual Property Office (UK IPO) and the European Union Intellectual Property Office (EUIPO). This could be either in defence of your own trade mark or as a proactive measure against a competitor’s trade mark. We have an outstanding record in successfully defending trade marks and our aim is always to deliver the best commercial conclusion for you and your business through successful third-party negotiation and office representation, even in contentious cease & desist, infringement or validity cases.
Your initial trade mark portfolio strategy will be carefully crafted following our initial audit and our analysis of your business, your goals and your competitive landscape. Our aim is to safeguard your trade marks and help you best use them for business growth, revenue streams and improved asset valuations.
As well as staying on top of any renewals, we offer regular audits and reviews of your trade marks, confirming that your strategy is still appropriate for future business needs. We maintain a dialogue with our clients, dedicating time to the ongoing protection of your intellectual property and responding appropriately to any potential disputes or infringement breaches.
Should your business circumstances change, we are seasoned in both the splitting and consolidation of trade mark portfolios, including trade mark disposal. We are also experts in advising on portfolio strategies to ensure seamless expansion into new geographical areas.
We also carry out due diligence exercises on trade mark and related intellectual property assets for potential investors seeking an assessment of whether or not the intellectual property portfolio of interest is in good order.
Our global trade mark watching services include monitoring and reviewing any new applications that may infringe your existing trade marks before taking any necessary action before the relevant offices.
Careful management of your trade marks can generate substantial revenue, add value to the business and ensure continued presence within markets.
We can advise on licensing strategy, draft trade mark licence agreements, negotiate with third parties and enforce licence terms.
All our team members are qualified as either patent or trade mark attorneys, giving you a high-level of professionalism and delivery. Our friendly team members each carry their own specialisms and background knowledge.
Regardless of whether you are filing a new trade mark or dealing with an issue concerning existing intellectual property, our simple and proven approach aims to ensure the best possible outcome for your business and intellectual property portfolio. Reach out for support today.
The first, important stage is to understand your business and the part your intellectual property plays within it. We do this through meetings and reviews of your files and documentation. It is our job to draw out the uniqueness of your invention at the very start of the process.
If you are aware of existing intellectual property that may impact your desired goal then we would carry out the necessary searches as required to ensure any potential barriers/issues are identified and incorporated into next steps.
We then prepare the necessary documentation in line with the specific project we are working on. This will vary depending on your particular situation and requirements – for example it could be to map out on paper the unique sign for your trade mark or to prepare complex files for a revocation case.
We will then take the time to ensure you are happy with everything we have drafted before moving to the next stage of dealing with the relevant offices.
Depending on your specific case, we will then submit our documentation to the relevant offices and begin proceedings. With new applications we may also request search and examination reports from the office – before representing you at the various stages of any amendments to your trade mark specification.
There may be multiple stages of iterations and negotiations with the offices. Our experienced patent attorneys will represent you during these phases, keeping you informed throughout and advising you on how to proceed, obtaining your approval when appropriate.