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Well-considered trade marks are powerful tools in building consumer recognition and reputation. They are the name above the door that drives a brand's success. As such, they are rights that are certainly worth enforcing and defending. However, on the basis of this value, it also means other trade mark owners are likely to vigorously police their own brands and rights.

 

Our trade mark attorneys assist in the obtaining of trade mark protection in the most efficient manner. Our work and skill is to help clients register a mark which does not infringe another, meaning the likelihood of a dispute is much lower. If an opposition dispute or litigation action is raised, we assist our clients through the provision of strategies that allow our clients to navigate such routes with minimal impact to their rights. By all means necessary, we will try and avoid a “go back to square one” outcome.

 

Trade mark litigation or opposition actions are most likely to occur when a party has not searched for a trade mark and as such, have not fully considered or assessed the earlier rights with which their mark may conflict.

 

However, by engaging an expert attorney, you need never encounter such issues.

Trade mark protection - the Keltie difference

With our guidance, we aim to arm our clients with the strongest rights applicable to their businesses. This provides powerful monopoly rights that can be used to ensure a clear path for brands to prosper and ensure a level of quality to the intended consumer.

 

We also apply strategies to ensure that any opposition or litigation actions are avoided thanks to our diligence and analysis processes in the search and filing stages. Trade mark disputes - however small - are damaging for a brand’s reputation and the costs can be more significant than solely financial.

 

At Keltie, our work in this area aims to avoid the unnecessary costs of aggressive enforcement or litigation. By involving our trade mark attorneys as early in the process as possible, we get you and your trade mark the most appropriate and complete protection possible.

 

The adage that ‘prevention is better than the cure’ firmly applies in our trade mark processes and with Keltie, you and your trade marks are in capable hands.

 

Continue reading about Trade Mark Infringement & Protection
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Apple stops abuse of process

16.09.2024

Apple stops abuse of process

It is rare for an abuse of process case to be heard before the UK IPO, but that is what has happened recently. In August 2024, the UK IPO’s Tribunal upheld applications by Apple Inc (“Apple”) to strike out invalidity actions against its ‘iPhone’ trade mark registrations on the basis that the actions amounted to an abuse of process. This article explores the facts, issues and implications of this decision.

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Post-Brexit Representation for Trade Marks and Designs Before UKIPO

19.09.2023

Post-Brexit Representation for Trade Marks and Designs Before UKIPO

While the initial effects of Brexit on trade mark and design registrations are baked into our consciousness, one noteworthy aspect will only take effect at the start of next year. Trade mark and design owners should consider appointing a UK address for service to reduce the risk of third-party challenges being successful by default.

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What is a trade mark?

11.01.2023

What is a trade mark?

Trade marks can apply to words, logos, colours, shapes, drawings, even sounds and smells. They are a badge of origin that allows a customer to see a brand or product, recognise it and know how they can repeat that transaction again.

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