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Trade Marks and Passing Off
A trade mark essentially informs people who you are. They communicate information about products and services and can be used to identify and reassure people of their origin, as well as their quality and reputation.
It is important you are aware of the law relating to trade marks and trade mark infringement in order to best protect yourself and your business. Failure to get to grips with this often complex area of law could come back to haunt you in the future.
Different Types of Trade Marks
Trade marks come in many different forms, including:
While trade marks can be registered both in the UK and further afield, the goodwill in an unregistered trade mark can be protected in an action for passing off. This essentially prevents people from passing off their products or services as being yours or being linked to your products or services. To be successful in bringing an action, you will need to show:
- you have a reputation associated with the mark;
- there has been a misrepresentation that could mislead the public; and
- proof of damage, for example financial loss or damage to goodwill
Why Choose JMW?
Our team uses its expertise to provide you with practical, commercial advice and works with you in identifying, protecting and exploiting your brand at all stages of your business. Whether this is negotiating complex licensing arrangements, brand ambassador or sponsorship agreements or asserting your rights in the relevant market, we are here to help you find a practical way forward with viable solutions for your business.