IP trademark and design protection support
Gain peace of mind knowing your brand is protected, not only from third parties trying to copy you, but from legal action against you, if your branding is similar to another business or organisation.
Introduction
Any business trader using a business name, logo, or design that is confusingly similar to a third party's registered intellectual property within the same class of goods or services may face legal liability for infringement and risk being sued by the IP owner.
What this means is, if your logo is too similar, to another company, in the same or similar marketplace, then you can be sued for damages. In conjunction with our partner (Clive Bonny of Strategic Management Partners “SMP”), we offer a service to search trademarks and designs to avoid infringement, protecting your business.
The risk of trademark infringement
Case law indicates that owners of registered intellectual property can claim up to 50% of an infringer's past profits. Infringers may face legal action in both criminal and civil courts, which can lead to a criminal record and significant financial penalties. Lack of awareness of the law is not considered a mitigating factor.
How to avoid the risk of infringement
To avoid the risk of infringement, it is crucial to search intellectual property office (IPO) databases relevant to the business's geographic location and trade sectors.
The EUIPO and UKIPO maintain separate databases for trademarks and designs, with over 2 million trademarks registered and more than 100,000 added annually. Notably, over 100,000 trademarks have been registered in classes 35 and 42 (business advice and scientific services) and over 50,000 in class 9 (scientific and design products).
These databases must be searched separately, using various filters for exact words, phrases, and similar terms. With over 350,000 oppositions filed, a significant percentage of SMEs face infringement issues.
Trademark and design searches
SMP fees start at £250 for an initial UK design application and £350 for a UK trademark application.
This includes searches on UK and EU IPO word and design databases for similar registered trademarks, searches on Google for similar trademarks, and searching Companies House for active and dormant traders with unregistered trademarks.
Clive is a certified IP advisor, member of the Authors Licencing and Copyright Society, past Fellow of the Institute of Patentees and Inventors and has provided consultancy and design services to the UK IPO who list him as a qualified mediator to resolve IP disputes. Clive founded SMP in 1990. SMP’s Industry Award recognitions include 2014 Top 50 UK Advisor; 2016 Emerging Technology and Innovation Award; 2017 Risk and Reputation Management Award; 2018 Mediator of the Year and Technology Award; 2019 Sustainable Design Award; 2020 Awards for Most Innovative Sustainable Partnership and Most Innovative Reduced Cost Consultancy; 2023 National Good Business Award top 3 firms for Visionary Leadership
FREE IP Review
Our IP review IS FREE and takes you JUST 2 MINUTES to identify existing and potential IP to help protect and capitalise your IP asset value.
Download the PDF guide to find out how you can take advantage of this FREE offer:
What's next?
We urge you to consider this essential service, to protect your business’s past and future profits!
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