Brand Protection

A common mistake made by business owners, whether novices or experienced, is the innocent sharing of confidential information and/or ideas with a third party and where that third party steals or copies the information for their own use and/or gain.

Non Disclosure Agreements (‘NDA‘), also known as Confidentiality Agreements, are a useful tool when you wish to share confidential information about your brand and business with a third party. The NDA will be designed to limit the unauthorised use and disclosure of your confidential information by the third party and at times, outline the consequences of any such unauthorised disclosure or use.

A trade mark is also often referred to as a ‘brand’. A trade mark is the sign or signs which are used by one business to differentiate their goods and service from those of other businesses. In today’s modern world, businesses spend a lot of time and resources attempting to protect their brand name and image as for many brands, their image, logo, slogan, jingle etc. is associated with high quality, luxury products which they do not want to be confused with other brands.

There is no legal requirement to register a trade mark, but it is generally advisable to do so if possible because if an application is successful, the trade mark owner obtains a monopoly, that is the exclusive right to use the mark for the goods and/or services registered. You can therefore have unregistered and registered trade marks.

A trade mark can be registered anywhere in the world, provided that it meets certain requirements. A trade mark must be registered with the Intellectual Property Office in the UK or the relevant regulatory body elsewhere in the world; however unlike a patent, you can renew your trade mark every 10 years for ever. If you do not register you trade mark then it may be at risk of someone else using or copying it.

We work with expert Trade Mark Attorneys and Solicitors who can assist with trade marks and further, the ongoing management of trade mark portfolios.

Depending on the nature of your business, you may require or benefit from additional Intellectual Property protections. In addition to Trade Marks, we can assist with:

• Patents
• Copyright
• Design Rights

Please give us call if you wish to discuss any of the above.