What is trademark infringement?

Trademark infringements in the UK

• Using your trademark without permission
• Using your trademark with a view to commercial gain
• Using identical marks for similar goods or services
• Counterfeiting your goods or services
• Falsely indicating the origin or the quality of the goods or services

Whilst similar in some ways, trademark infringement should not be confused with ‘passing off’, which relates to unregistered marks.

If you hold any trademarks, it’s recommended that you remain vigilant in relation to your marketplace, so if someone does infringe on your trademark, you are aware of it as quickly as possible so that you can take action, if needed.

If you have a trademark that you believe is being infringed by an individual or a business, you can start legal action against them. Get in touch with the team of experienced intellectual property and trademark infringement solicitors at Stephensons today for more information. Call us on 01616 966 229 .

What can I claim for if my trademark has been infringed?

If your claim of trademark infringement is upheld in court, you may be granted an injunction which will prevent the other party from continuing any activity using your trademark(s). The court may confiscate and destroy any of the infringing goods and you may be eligible for a damages payment, depending on the circumstances.

If your business has lost out financially, if your reputation/goodwill has been damaged due to the trademark infringement, or if the other party has made financial gain from using your trademark illegally, you may be able to claim compensation from them.

If the other party is found guilty of wilful infringement of a trademark, they can face a jail sentence in addition to any damages payments they may be required to make.

Speak to the team at Stephensons to find out more about making a trademark infringement claim. Call us on 01616 966 229 .

Does trademark law in the UK apply to other countries?

The current trademark rules in the UK mean that something which is trademarked in this country is only protected in the UK. You can register EU and international trademarks separately in countries that you want to protect these elements of your brand in.

How to avoid trademark infringement?

To avoid trademark infringement, conduct thorough trademark searches, register your trademarks, use distinct and original branding, and seek legal advice to ensure your marks don't conflict with existing ones.

What is an example of a trademark infringement situation?

An example of trademark infringement is when a company uses a logo or brand name that is very similar to a well-known brand, such as "Starbocks" for a coffee shop, causing confusion among consumers who might mistake it for "Starbucks." This unauthorised use can harm the original brand's reputation and business.

What to do if accused of trademark violation

If you have been accused of infringing a trademark, you will need to provide a defence to the claim. At Stephensons, we can help you to build a robust defence and provide all the expert advice and support that you need at this difficult and stressful time. Call us on 01616 966 229  to see how we can help.