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Month: October 2015

cease and desist letter

What should I do if I receive a cease and desist letter?

Trade mark litigation is almost always preceded by a cease and desist letter. Such letters generally set out the rights of the owner, and instruct the other party in strongly worded terms to cease use of the trade mark complained of, while threatening actions for trade mark infringement and/or passing off. Cease and desist letters can be intimidating, but don’t panic, we are here to help.

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October 13, 2015 Rachael
DIY trade mark registration

The Problems with DIY Trade Mark Registration

Can I register a trade mark myself? The internet age has empowered us all in the art of self help and it is possible for business owners to register their own trade marks online at the UK Intellectual Property Office (IPO), or at the Community Trade Mark Office in Alicante. However, this approach is fraught with risks. We routinely see instances of ‘DIY’ trade marks being refused because they didn’t meet the criteria for registration, or were registered with so many weaknesses that effective enforcement of the ultimate registration would be difficult or even impossible. In many cases it is only when the time comes to enforce your trade mark registration against a competitor that the issues come to light. By then, it’s almost always too late.

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October 1, 2015 Rachael