Trade Mark Infringement Solicitors
If you’ve discovered a competitor using a name, logo, slogan or branding that’s identical or confusingly similar to your registered trade mark, you may be dealing with trade mark infringement. Left unchecked, infringement can erode customer trust, damage your reputation and divert sales away from your business.
At Panoramix IP, our trade mark infringement solicitors help brand owners take fast, commercially sensible action. We investigate the facts, assess your legal options, and pursue the approach most likely to stop the misuse while protecting your time, budget and business relationships.
You may need advice if:
– A competitor is using a similar brand name, logo or packaging
– Customers are confusing their products/services with yours
– A seller is listing counterfeit goods online using your brand
– A domain name or social media handle is impersonating your business
– A former distributor, employee or partner continues using your mark without permission
What we do (our infringement process)
- Initial assessment
We review your trade mark registration(s), the goods/services covered, and the suspected infringing use to confirm whether infringement is likely. - Evidence gathering
We help you collect and preserve evidence (screenshots, listings, invoices, marketing materials and timelines) so your position is properly supported. - Strategy and risk advice
We advise on the strength of your claim, likely outcomes, costs, timescales and the best route to resolution. - Cease and desist / settlement negotiations
Where appropriate, we send a robust cease and desist letter and negotiate undertakings, rebrands, delisting of online listings, and settlement terms. - Escalation where needed
If informal resolution isn’t possible, we can pursue formal action through the relevant forum (depending on the facts and jurisdiction), and guide you through each step.
Defending against trade mark infringement claims
Receiving an allegation of trade mark infringement can be a daunting experience for any business owner. Whether you have been served with a formal Cease and Desist letter or are facing active litigation, the stakes are high. A successful infringement claim can lead to costly injunctions, the forced rebranding of your business, and significant financial damages.
At Panoramix IP, we specialise in robust trade mark defence strategies. We understand that not every allegation is valid, and many are used as aggressive tactics to stifle competition. Our expert legal team is here to protect your commercial interests, evaluate the strength of the claims against you, and provide a clear path forward to safeguard your brand’s future.
We provide comprehensive services tailored to the specific nature of the allegations you are facing:
– Cease and Desist Response: We meticulously analyze the claimant’s trade mark rights and your own usage to draft a powerful response. Often, a well-reasoned legal rebuttal can stop a dispute before it reaches the courtroom.
– Infringement Analysis & Risk Assessment: We evaluate the “likelihood of confusion,” the similarity of marks, and the relatedness of goods or services to determine the actual level of legal risk.
– Invalidity & Revocation Actions: If the claimant’s trade mark should never have been registered—or has not been used properly—we can initiate counter-proceedings to cancel their mark, effectively neutralizing the threat.
– Negotiation and Settlement: Many disputes are best resolved through commercial settlements. We negotiate coexistence agreements and phase-out periods that allow you to continue operating without the cloud of litigation.
– Litigation Defence: If a resolution cannot be reached, we work with experienced IP litigators to defend your position in the courts, globally
Client Testimonials
FAQs
How much does it cost to register a trade mark in the UK?
The cost to register a trade mark online in the UK starts at £170 for one class of goods or services. If you need to include additional classes to cover your business’s activities under the trade mark, each extra class costs £50. Submitting your application by post costs slightly more, starting at £200 for the first class. Lawyer’s fees may also be payable for preparing and filing your application and may result in cost savings in the long run, in helping to prepare your application correctly, so that it has the best prospects of success.
For detailed guidance on trade mark registration fees and a full breakdown of costs, visit our Trade Mark Registration page or contact us today.
How long does a trade mark registration last in the UK?
In the UK, a trade mark registration lasts for ten years from the date of registration. You can renew your trade mark indefinitely every ten years, provided that you continue to use and protect your brand. Renewal can be done six months before the expiry date or within a grace period of six months afterwards, although late renewals incur extra fees.
To manage or renew your trade mark easily, or speak with one of our specialist trade mark lawyers, visit our Trade Marks page or contact us.
Should I trade mark my logo or business name in the UK?
We highly recommend registering a trade mark for your logo or business name in the UK. Registering your trade mark gives you and your business exclusive rights and legal protection against unauthorised use from anyone looking to exploit or profit from your branding through accidental or intentional use. This safeguards your brand identity and reputation from those looking to profit from your rights or negatively impact your brand through association. We assist in registering logos, names, or even slogans separately or in combination, and we offer strategic direction for the best course of cost-effective legal protection for your brand.
Explore your options for protecting your brand on our Brand Protection page or by contacting us today.
When should I use the symbols ™ and ® in the UK?
You can use the ™ symbol to show that you are using your unregistered trade mark in commerce and own the goodwill that is associated with that mark. However, the ® symbol is strictly reserved for marks that are officially registered with the Intellectual Property Office (IPO), showing others your exclusive rights to that mark. This acts as a signifier to would-be infringers that your brand name, logo and/or slogan are all protected and helps to prevent copying. You should be careful not to use the registered trade mark symbol ® before your mark is registered, as this may constitute a criminal offence. Should you become aware of any potential infringement, our expert lawyers can advise on the best course of action for your brand.
Learn more about correctly using trade mark symbols on our Trade Marks guidance page or contact one of our in-house trade mark solicitors today.
What cannot be trade marked in the UK?
In the UK, certain words and symbols cannot be registered as trade marks. This includes offensive or misleading marks, purely descriptive terms (like “soft” for pillows), generic words (like “bread”), geographical names (such as “London”), common surnames, and official symbols or flags. This is because it would not be fair to grant a monopoly in such widely used terms to just one business. Trade marks that are deemed to be offensive or contrary to public policy may also be refused registration.
Visit our Trade Marks page to learn more about trademark eligibility and restrictions, visit our blog, or attend one of our FREE 45-minute IP clinics. For more information, call us today.
What's the difference between copyright and a trade mark?
Copyright automatically protects original creative works like books, music and art from the moment they’re created. In contrast, a trade mark protects brand identifiers such as logos, distinctive slogans, and names. If you’re looking for the right kind of protection for your content or your brand, our specialist trade mark and copyright lawyers can help.
Understand which type of intellectual property suits your business needs at our Copyright and Trade Marks information page, or contact us today.
Can I trade mark a name that is already in use but not registered?
Potentially yes, but it depends on several factors, including whether the other business that is using the mark started to do so before you did and whether they offer similar or competing goods or services to your business. It’s advisable to conduct a thorough clearance search before starting to use or applying to register a trade mark. We offer thorough clearance searches for your proposed trade mark as part of our trade mark registration service.
For more information or to conduct a clearance search with personalised advice, see our Trade Mark Registration page, or speak with one of our trade mark lawyers today.
What is 'proof of use' for a trade mark in the UK?
Proof of use involves demonstrating that your trade mark has been genuinely used in the UK market for the registered goods or services. Typically, acceptable evidence of use in commerce includes invoices, advertising, packaging and marketing materials that clearly show the trade mark being actively used commercially. Such evidence of use may be required if your trade mark registration is over five years old and it is challenged by a third party or if you wish to rely on it to challenge a third party’s mark.
Get professional help gathering suitable evidence by speaking with one of our specialist trade mark solicitors today, or visit our Trade Marks page.
Can common words be trade marked in the UK?
Common words can sometimes be trade marked, but only if they’ve gained a distinctive secondary meaning linked to your business. For instance, “Apple” is a common word but distinctive as a technology brand. So it depends on the nature of the goods and services that will be covered by the trade mark. If these are unrelated to the common word, then you may be able to register that word as a trade mark. However, if the word is too common and lacking in distinctiveness in general or if it may have descriptive connotations, in relation to your goods or services, you may need to file extensive evidence of longstanding use of the mark in business before it is accepted for registration.
Find out how to build a strong, distinctive trade mark on our Trade Marks page or speak with one of our trade mark solicitors today.
Do I need a solicitor to register a trade mark in the UK?
You are not required to use a solicitor to register a trade mark in the UK. However, using a trade mark professional significantly increases your chance of successful registration and helps avoid costly mistakes, especially for complex or multi-class registrations. We often receive enquiries from individuals who have self-registered when their application faces rejection and they need expert guidance to ensure it is accepted. There are many pitfalls that can result in a registration application being refused and the applicant losing the application fee or worse still, incurring additional costs if an opposition is received from a third party. Time is a critical factor when protecting your brand assets, to dissuade competitors from adopting your logos, slogans or brand names. When infringement occurs, you also want to make sure you have guidance from a legal expert to advise on how best to face it, whether that be through mediation, negotiation or litigation.
Ensure your registration goes smoothly by contacting our specialists via our Trade Mark Registration page or speaking with one of our specialist trade mark solicitors.
