Value in Trade Marks

Indelible and distinctive trade marks are a crucial and rare commodity.Trade marks hold significant value in identifying products, goods and services and nurturing customer loyalty.

A trade mark is a sign that distinguishes goods and services of one trader from another. Logos, slogans, signatures, letters, numerals, packaging, shapes of products and packaging, scents, colours and sounds may be registered as trade marks.

Registration prevents others using a substantially identical or deceptively similar trade mark in relation to the goods and services for which the trade mark is registered, or similar goods and services. Applications for trade marks may be made prior to its use in the market, and no reputation in the mark is required for registration.

Gillhams deliver a complete range of services with regard to trade marks. Our services include:

• searches of trade marks registers to detect potential infringement and obstacles to registration;
• legal advice on registration of trade marks;
• drafting trade mark specifications;
• filing trade mark applications worldwide;
• monitoring the trade mark registers to ensure registered rights are not prejudiced;
• pursuing and contesting oppositions to applications; and
• trade mark portfolio management: a service that takes in renewals and monitoring of new applications that should not co-exist on a trade mark register.

Our solicitors have also advised on international trade mark applications to designations around the world. The applications take into account current and future markets for products and services in an ever increasingly competive environment and in the context of converging markets.

Trade mark law in international designations has its own nuances. An international portfolio of trade marks may encounter opposition in one designation whilst not in another.

Our knowledge of exhaustion of rights and international trade mark licensing and assignments allows us to take a commercial view in considering registration whilst keep an eye on the legal merits.

Valuing of a Trade Mark

The value that a trade mark adds to a business may far outweigh the investment required to obtain it: protecting an unregistered trade mark or trade name is usually far more diffcult and comes at greater expense.

A valuable trade mark that identifies a brand may add significant capital value to a business in the context of selling a business. The rights to the name are secured and evidenced by entries on any number of searchable registers. In some businesses, trade marks are more valuable than most other business assets.

In an increasingly global market the brand may be the single most important commodity a business possesses. A successful brand therefore needs to be protected by law to ensure that rivals do not encroach on the monopoly rights granted by registration.

Trade Mark Licensing

Gillhams solicitors have significant experience in advising on licensing of trade marks. Licensing of a brand has reached epic proportions and provides an alternative avenue to growing a business successfully. Whatever your business your brand is key - it is the identifying mark that the public associate with your prodct or services. What protects your brand is your trade mark.

Building a Business

To licence a trade mark a trade mark proprietor must make some level of investment in return for significant rewards. Licences may be granted to trading partners in return for royalties, creating new revenue streams. Trading partners in return gain the opportunity to enter new markets, acquire new consumers and clients or increase market share with the security of a registered device. The trade mark proprietor also benefits from brand recognition in a wider market.

Ultimately, brand licensing may keep an agent or distributor competitive. Brand licensing may provide a trade mark proprietor the benefits of a secure revenue stream in the form of royalty payments and the associated guarantees.

At Gillhams we recognise the value in creating business relationships that benefit all parties. In trade mark terms this means maintaining the quality of the brand and ensuring the licensees also are supported by the trade mark proprietor to build the brand successfully.

Our contractual agreements and trade mark licences are specifically tailored to each individual deal to add value to your business. Gillhams personal commitment to meet your individual needs ensures we maximise your assets and resources and consider all the options available.

Trade Mark Infringement

Unfortunately the world is not perfect and competing businesses frequently attempt to achieve success by using the assets and business advantages and assets established of another successful business. Sometimes this happens accidentally, however that is not excuse in assessign liability for trade mark infringement. .

Trade marks may be infringed in many ways, for example:

• use in advertising;
• affixing signs to goods or packaging;
• counterfeiting;
• use on different goods and services;
• dilution of well known marks;
• importing and exporting goods or services.

Trade mark infringement poses a significant threat to a successful brand. Not only does it lead to direct lost revenue but infringement by companies offering inferior or poor quality substitute goods and services, but the infringement creates a blemish on the distinctiveness of the trade mark, trade name or device, affecting hard earned standing in the market.

The essential factor to protect your business is knowledge of the law - what is well within the law, what is on the boundary of legality and what is unlawful.

At Gillhams we pride ourselves on our relationships with our clients. We are experts in the law of trade marks in the UK, Europe and internationally. We are in an excellent position to act in your best interests to protect brands from infringement and protect revenue streams.

Our solicitors have successfully represented clients' in cases at the Patent Office and the High Court.

Unregistered Trade Marks

Not all trade marks are registered. A business may establish goodwill in a brand simply by trading in goods and services. The brand becomes established through trading and association of the name with products and services.

The law of passing off goes hand in hand with registered trade mark protection to provide a broader and more flexible means of safeguarding business reputation, goods, services, branding and slogans.

Passing off is an area of law relating to the damage to the goodwill of a business by traders securing business by passing off goods and services as those of another trader. Gillhams has wide experience in this area of law which is often very complex and has successfully acted and advised on matters of passing off between parties in the High Court.

No matter what your business its success is based on an established reputation. Your reputation is critical and must be protected from damage by other traders. Gillhams will be able to evaluate the merits of your case, advise you on the best course of action and act to protect all you have strived to build.

Gillhams are able to call upon a wide knowledge of law and expertise that extends to some of our solicitors who have also worked in industry. We fully understand the difficulties involved in building a brand and maintaining a reputation. In difficult circumstances solicitors who fully understand business as well as the law are your best asset.