Trade Mark Protection

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.

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 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.