Trademark Counsel

What This Involves

A trademark is a legal right in a commercial asset. Our work is advising clients on how to acquire, hold, defend and exploit that right sensibly — and on when a proposed mark is not worth building a business on. We advise on availability and conflict risk before a client commits to a name, on the scope a mark should cover and the entity that should hold it. We act in opposition and cancellation proceedings, both for clients resisting a conflicting mark and for clients whose own position is challenged. We advise on infringement, passing off and unauthorised use, and act to stop it.

How We Advise

We begin with a clearance and conflict assessment, then give a written opinion on the strength of the client's position and the realistic risks. From there we set out the strategic options — including doing nothing, which is occasionally the correct advice — and act on the client's instruction.

When to Instruct Us

Before launching a brand or entering a new market. When a conflicting mark appears. When your mark is challenged. When a competitor trades on your reputation. When a portfolio has been assembled piecemeal and needs review. When ownership moves between entities.