Trade mark infringement and enforcement

Trade mark infringement occurs when someone uses a trade mark that is substantially identical with, or deceptively similar to, a registered trade mark, without the owner’s permission. This infringes the exclusive rights of the owner including the use, sale or licensing of the trade mark.

Depending on the situation, infringement can have a negative effect on a brand’s reputation, result in a loss of customers, and cause a decrease in sales and income for the trade mark owner.

If you have inadvertently infringed another person’s trade mark, our attorneys will advise you on the most cost-effective course to achieve a resolution. If you believe your trade mark has been infringed, our trade mark attorneys can advise you on the best course of action to stop the infringing party from using your mark, including:

• identifying the infringing party and the nature of the trade mark use
• writing and sending letters of demand
• developing strategies to alleviate risk
• negotiating licensing agreements
• managing your trade mark portfolio.