Brand and Trade Mark Services
The Ashfords’ Brand Protection team specialise in advising clients on securing, maintaining, exploiting and protecting their valuable brands and trade marks.
Brand and Trade Mark Clearance, Filing and Prosecution
- Give advice on what brands and trade marks are registerable and where to register them.
- Conduct clearance searches to check whether a brand or trade mark can be used and registered without infringing a third party’s earlier legal rights.
- File, prosecute and register UK, EU and International (Madrid Protocol) trade marks and co-ordinate and supervise the filing, prosecution and registration of trade marks in all other countries around the world.
Trade Mark Registry Proceedings
- Conduct opposition, revocation, invalidity and rectification proceedings before the UK Trade Marks Registry and the European Union Intellectual Property Office (‘EUIPO’).
Trade Mark Litigation, Brand Protection Proceedings and Dispute Resolution
- Bring and defend registered trade mark infringement, revocation and invalidity proceedings and passing off, copyright and design proceedings before the Courts.
- Co-ordinate and supervise trade mark litigation and other types of brand protection proceedings abroad.
- Conduct all forms of alternative dispute resolution involving brands and trade marks.
- Negotiate and draft co-existence agreements between different brand owners to resolve their differences.
- Conduct ICANN and Nominet domain name dispute resolution proceedings.
Trade Mark Maintenance, Renewal and Policing
- Advise on best practices to adopt in order to prevent the revocation of a trade mark.
- Set up and police brand watching services to identify third parties who are proposing to register and use a confusingly similar trade mark to yours.
- Renew registered trade marks.
Commercial and Corporate Transactions involving Brands and Trade Marks
We negotiate and draft:
- Merchandising, co-branding, franchising, sponsorship and all other forms of commercial agreement that involve brands and trade marks.
- Licences and assignments of brands and trade marks.
- Conduct due diligence on target brand and trade mark portfolios and negotiate and draft appropriate warranties and indemnities in sale and purchase agreements.