Beware of false Trademark registrations
FARIS DEAN >
Consultant SolicitorMon 7 September 2020
Corporate & Commercial Solicitor, Faris Dean explains why buyers beware of false Trademark registrations.
We act for clients in advising on intellectual property protection and value preservation. As part of our work, we often deal with the registration of trademarks.
One of the important things to look out for is that after obtaining registration, is correspondence from outside organisations. It is often the case that our clients receive numerous communications from companies claiming to deal with registration of the trademark in other countries and in Europe.
These companies often correspond by sending what appears to be an invoice; but contained in the small print is a disclaimer stating ‘it isn’t a request for payment’. It is sometimes the case that businesses make the payment, mistakenly believing they have to do so as part of the registration process.
This is why we advise businesses to engage our services to make sure that:
- not only the registration is carried-out properly but,
- that our clients have the benefit of our experience in these peripheral issues around the registration process.
There is well established intellectual property law in the United Kingdom and in Europe. Trademark or logo registration being one of these (such the registered logos of McDonald’s and Mercedes-Benz). These trademarks can be protected through registration with official intellectual property registers. Two possible options is registration as a UK Trademark or as a Europe wide Community Trade Mark.
The trademark registration serves as a warning for other businesses not to use the trademark without getting permission from the owner first. It also helps owners enforce legal claims against a business which infringes their trademark by unauthorised use. Once a trademark is registered, it can actually turn out to be an asset for a business (depending on how much value is created in it). As an asset, it can be sold or licensed, thereby generating its own income for the business.
With the current Brexit negotiations ongoing, it is important for businesses to keep a regular review of their intellectual property. This is to ensure they continue to protect the value in them.
Faris Dean practices as a Corporate & Commercial Solicitor and has over 15 years of experience advising and acting for business clients. His ethos is to provide services to clients which surpass a good service, by adding value, with the intention of achieving an excellent client service.
He is able to do this by utilising his dual accountancy qualification (as a qualified Chartered Certified Accountant, since 2008). He also has previous experience in audit and business, gained from auditing clients’ financial statements, working in two of the big 4 global accountancy firms.
Faris works within our Commercial Team acting for national and international clients. One of his specialist international regions is the Gulf States and wider Middle East. Faris can add value to his client legal services by utilising his bilingual Arabic/English language, and through his knowledge of the business culture of that region.
If you would like to discuss protecting the value in your intellectual property, please get in touch.
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