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Who can bring a Trade Mark Infringement claim?

If you’re considering bringing a trade mark infringement claim in respect of your already registered trade mark with a pre-existing reputation, you will need to know whether you are eligible to make the claim. Here, we take a closer look at who is eligible to bring infringement proceedings and how to go about it. 

Am I Eligible?

Only certain people are entitled to bring a trade mark infringement claim against an unauthorised third party who is using an identical or similar mark or sign to sell or market their goods or services. The only individuals who are able to issue a claim are the trademark owner themselves or somebody who has an exclusive license to utilise that trade mark. Should the trademark be jointly owned, a claim can be brought by any of those joint owners.

Planning Ahead For Your Trade Mark Rights

When you register a trade mark it lasts for 10 years before you need to pay renewal fees. Therefore, you need to consider the direction of your business over the next few years before completing the registration process. It’s important to register your business’s trade mark in every services or goods classification in which you intend to trade so that you will be suitably covered in the event that you need to bring an infringement claim.

How Do I Enforce My Rights?

If you are eligible to bring a trade mark infringement claim against a third party that is unlawfully using an identical or similar mark to your own, you can enforce your rights by seeking legal advice from a specialist solicitor. They will be able to draft a carefully worded Cease and Desist letter that will often be sufficient to end the infringement. Should the matter need to proceed to the courts, your solicitor will also be able to assist you with this step of the proceedings.