Our specialist team of trade mark attorneys provide registered trade mark searches (clearance searches), which identify existing applications or registrations that potentially conflict with your proposed new trade mark. These searches identify trade marks that are identical to your proposed new trade mark, as well as trade marks that differ in material details but are nevertheless sufficiently similar for there to be a risk of infringement.
On the basis of these searches, we provide advice regarding your freedom to operate, including advice regarding the risk of infringing any trade mark registrations identified as being potentially relevant to your proposed new trade mark. This advice always takes account of the commercial risk, as well as the legal risk, and will also include a consideration of potential modifications to your proposed new trade mark that would reduce the risk of infringement, if necessary.
We also provide trade mark watches in respect of your registered trade marks, which notify you of any applications by third parties to register trade marks that are similar to yours. These trade mark watches enable you to take proactive action to address any potential conflict with those trade marks by filing oppositions against those applications. An opposition may result in you preventing registration of a potentially conflicting trade mark or, if appropriate, may facilitate negotiation of co-existence with the other party.
Our advice in relation to potential infringements of your intellectual property rights also enables you to enforce your rights before your business suffers too much damage, and therefore manage the risk of having to undertake expensive court action.
We pride ourselves on our commercial approach to the management of risk and enforcement of your rights, understanding that the protection of your intellectual property and needs of your business are primary.