A trademark is a badge of origin or source which is capable of being represented graphically and used to distinguish the goods and services of one business source from another. The mark needs to be distinctive and can consist of words, designs, letters, numerals, shape of goods or their packaging. Sounds and smells that can be represented graphically can also be registered.
Registered Trademarks/ Passing Off
As the business environment is getting more and more competitive, it is essential that businesses do what they can to ensure that their trademarks are protected. A trademark is a business’s unique commodity and should be registered to ensure that it is rightfully protected.
Businesses often attempt to achieve success by attempting to use the hard earned reputation of other businesses by using another’strademark, or a similar trademark in the course of trade. This can cause a direct loss of profit to the business and can affect the standing of a business in the market. It is therefore important to take action early on if you think that someone is infringing your trademark.
If you have not registered your trademark, all is not lost as your trade reputation is still protected via the tort of passing off.
We use our commercial and legal expertise to achieve a cost effective and speedy solution so that you can focus on your business. However, if litigation cannot be avoided, then we are able to conduct High Court litigation for an injunction to prevent the infringement, together with damages for losses caused and an account of profits made by the infringing party and for the delivery up and destruction of any offending articles.