Trademarks and Patents
Intellectual property is a complex mix of rights associated with ideas, creative works, inventions, information, innovation and commercial reputation. Intellectual property provides rights to the owners to control the use of the intellectual property and by whom. In addition to copyright, design right the law has developed sophisticated rules dealing with business signs, reputation, inventions and so forth namely trade marks and patents.
Trade Marks
The basic features of trade mark law are:
- The existence of rights in a trade mark (be it a word, sign, logo or combination).
- The encouragement of distinctiveness, and discouragement of deceptive practices through the refusal of registration of non-distinctive marks or applications made in bad faith that would impinge upon honest business practices.
- The requirement that a trade mark must be used (use it or lose it).
To be capable of registration a trade mark must be able to carry out its core function, namely the ability to distinguish goods or services of one undertaking from those of another undertaking.
Trade marks are typically registered for words (including personal names), designs, letters, numbers, and shapes. Rules of good taste and decency apply.
A trade mark is registered for classes of goods or services. It is therefore possible to have the same word registered to different owners in relation to entirely different classes of goods or services. Note however that opposition may still be filed in such circumstances.
Infringement of a registered trade mark occurs where one business uses an identical mark in relation to the same class of goods or services for which the trade mark is registered or where a business uses a similar mark to similar goods or services for which the trade mark is registered. In that case infringement occurs where there is actual or the likelihood of confusion.
Royds are able to advise on all aspects of trade mark law (and passing off); to apply for registration of a trade mark in the UK and registration for community trade marks, advice and representation in opposition proceedings, renewal and revocation of registered trade marks and in the event of infringement or an allegation of infringement Royds Intellectual Property unit is experienced in the conduct of legal proceedings.
Patents
A patent provides protection for new inventions that are capable of industrial application. It grants a monopoly right to the inventor. Infringement occurs when a third party operates within the scope of the patent claims without the permission of the inventor; essentially this will be the use of the invention in a commercial context. Infringement can occur even when the infringer does not realise.
In the event of an infringement, seeking legal advice early can prove crucial. Legal proceedings may be necessary in order to seek damages for any loss caused. It may also be necessary to seek an immediate injunction to stop the infringement continuing.
Royds are able to offer advice and representation in both the enforcement of an infringement claim or in the defence of such a claim. The Royds Intellectual Property Unit is experienced in the conduct of such legal proceedings.
For further information, please contact Stephen Welfare and John North.
