Trade Mark Protection

Trade Mark Enforcement

We help to enforce trade mark and design rights against infringers, defend rights against attacks by competitors, prosecute and defend oppositions and appeals and, where necessary, work closely with learned IP Counsel prior to litigation, providing clients with litigation support throughout any legal proceeding.

Avoiding Disputes

Although disputes are sometimes unavoidable, we always try to anticipate and pre-empt potential conflicts via intelligent brand selection and in our agreeable, practical and amicable approach to problems that may arise with any third parties. When all is said and done, anticipation and effectual settlement of potential conflicts is, on the whole, better for clients than costly and protracted litigation.

In our commitment to transparency and cost-consciousness, we endeavour to foresee and pre-empt disputes. When we receive notice of an application for a conflicting trade mark or an instance of trade mark infringement that does not pose a serious threat to the client, we do our utmost to deliver a favourable and cost-effective solution through amicable negotiation before formal proceedings become necessary.

Our commercially minded trade mark practitioners are shrewd negotiators and provide clients with advice on various settlement options such as licenses, restrictions, limitations and co-existence agreements to ensure, where possible, that formal proceedings are avoided.

Furthermore, our watching service can be extended to include brands that are unregistered and conflict with clients’ registered rights. Accordingly, we can provide our clients with a comprehensive package of services that guarantees the early identification of potential disputes so as to allow sufficient time for settlements to be reached.

Dispute Resolution and Litigation Support

Our experience in prosecuting and defending oppositions and appeals before the UK Registry and at the EU Office is enviable. Our skilled trade mark practitioners have in the past been instructed in cases involving world-famous brands and have considerable expertise in prosecuting and defending invalidity actions, revocation actions and rectification and restitution actions before the UK Registry and at the EU Office, as well as in dealing with domain name disputes in the various cyber forums.

When formal litigation proceedings are commenced, we work as part of a team with expert IP solicitors and learned counsel with whom we have longstanding relations and provide them and our clients with litigation support throughout proceedings, for instance by preparing evidence and developing arguments.

Brand Creation & Protection

“An idea can turn to dust or magic, depending on the talent that rubs against it.”
William Bernbach

A brand is a promise of an experience, a valuable asset that builds consumer confidence and trust. It is fundamental in developing and maintaining top-of-mind awareness and will help your company distinguish itself from its competitors. A company is defined by its brand – which conveys its ethos, communicates its values and imparts an assurance of quality and a guarantee of satisfaction. However, creating a brand is not straightforward. All brands begin as great ideas but, as William Bernbach’s words confirm, turning an idea into something magical takes talent. If you have a great idea for a brand, Trade Mark Wizards® has the talent to turn that idea into a magical brand, a phenomenon.

Developing your Brand

Our team of practitioners work closely with firms of specialist creative consultants and graphic designers who are experienced brand architects. Furthermore, we also count among our clients numerous specialist creative brand agencies, all of whom are experts in brand inception, brand strategy, identity, packaging, product design, promotion and publication. All of these can be called upon to ensure that clients receive advice on any aspect of branding, marketing and advertising from experts who appreciate the commercial value of a brand.

Whether you need the perfect logo or a full blown website, Trade Mark Wizards® is here to help.

Domain Name Registration

The use of a domain name is generally considered the same as use of a trade mark, albeit in the “cyber world”. This means that the unauthorised use of domain names can infringe trade mark rights and domain names should therefore be cleared for use, protected and enforced in the same way as trade marks.

Also, it is useful to remember that your website is your shop window to the world. It is an asset of great importance and value. At Trade Mark Wizards®, we are committed and devoted to assisting our clients in their commercial development, especially as technology and the digital world progresses.

As well as searching the availability of domain names in parallel to registering them for our clients, we deal with the administration and renewal of these important business assets. We also provide a domain name watching service to identify potential unauthorised usage that may require action to be taken.

Copyright Protection

Copyright provides protection for literary, dramatic, artistic and musical works. Copyright may reside in trade mark logos, designs and decoration and appearance of goods, website content, typefaces, get-up of shop and stores, marketing and promotional material, photographs, computer software and databases.

With the conception and distribution of a wide range of copyright protected works now done via electronic means, copyright is becoming progressively more important in the commercial context and increasingly more harmonised at EU level.

Given the global, borderless, democratic nature of the internet, more and more artists are going online to publicize and disseminate their works. Freelance writers and journalists have taken to online self-publication. Musicians and film-makers have taken to online broadcasting. Artists and photographers and have taken to online curation. Graphic designers and creative consultants have taken to sending clients their designs and ideas electronically.

Whilst the internet is an indispensable resource that has transformed the way creative professionals do business, it nevertheless raises a large number of legal issues on which specialist advice regarding intellectual property protection is essential. We can provide you with practical, clear advice that is cost-effective and appropriate to your business activities and online presence.

Design Protection

The appearance of a product and its packaging is equally as valuable as the brand name under which it is sold. A consistent, distinctive packaging design builds consumer confidence and trust, it increases brand awareness and recognition and ultimately plays a vital role in a company’s brand identity. Original designs can be protected by a Registered Design or, in many cases, can receive limited protection through Unregistered Design Right or Copyright.

Registration and maintenance

Our experienced trade mark practitioners can elucidate and make clear the different forms of design protection available, advise you on which form of protection is most appropriate and help you protect your original designs in the UK, EU and around the world. We will prepare and file all necessary applications and deal with any formalities which may arise during the course of the registration process.

We will also ensure that your design is renewed on time and send you reminders in advance of the expiration deadline.

Design Infringement

We deal with the protection and enforcement of registered and unregistered design rights and copyright works through infringement and invalidity actions. Our team of Trade Mark practitioners has a proven track record of successfully protecting designs on a world-wide scale. Working alongside our clients, we will always seek to resolve any disputes in the most cost-effective and commercially-focussed manner possible, whether that involves reaching an amicable settlement or commencing formal proceedings.

Trade Mark Watching Service

Owning a trade mark is one thing, policing it is another. A third party or competitor might at any time seek to register a confusingly similar mark for either identical goods and services or those of a like description.

At Trade Mark Wizards®, we provide a watching service which monitors and analyses all new trade mark applications. The information gathered then allows us to provide an advanced warning and advise you whether to challenge and oppose the application or negotiate a settlement with the applicants to ensure your trade mark maintains its exclusivity on the register and in the marketplace.

What is more, our watching service can be extended to trade mark registers in any country of your choice that you decide to monitor, for whichever goods and services are of interest to you.
All trade marks filed through our firm receive a one year subscription to our watching service.

Renewal Service

Our firm has a dedicated renewals department that is wholly committed to handling all aspects of the renewal process for UK, European Community, International and foreign national registrations.

The renewals department ensures a smooth, continuous and uniform service for clients handling all aspect of the renewal process including monitoring renewal deadlines, obtaining the necessary powers of attorney and notarisation and legalisation of documents, collating evidence for filing proof of use and generally providing clients with the guidance needed for the various renewal systems worldwide.