filing / registration
The registration of an intellectual property right (with the exceptions of copyright, unregistered design rights and common law trade mark rights / passing off) is the most fundamental step that can be taken to ensure that your intellectual property rights receive the most comprehensive protection available.
The registration of an intellectual property right will offer immediate commercial benefits to its proprietor. Registration will create a significant layer of legal protection which will strengthen the security of your brand identity. The proprietor of a registered right will have exclusive rights over its use, thus drastically limiting the opportunity for third parties to make use of the registered right without consent, and providing certainty of recourse in the event of illegitmate use.
Furthermore, by legally protecting a brand name, it follows that the value of the brand will be increased (which will have positive implications should the owner of the business wish to sell that business or the brand rights).
procedures
In order to obtain registration of an intellectual property right a number of factors need to be taken into consideration. If trade mark registration is taken as a paradigm example, a search will have to be conducted on the register in order to ascertain if there are any pre-existing conflicting trade marks which may act as an obstacle to an application.
Furthermore, once registration is sought there will be a period of time whereby any third party will be able to lodge an objection to the potential registration. From the point that registration is obtained your rights are safeguarded, however instances may arise where a confusingly similar trade mark conflicts with the registered trade mark - in such an event we will offer advice on the best course of action in relation to challenges to your protected intellectual property rights. It should be noted that after a period of ten years, a UK trade mark will need renewal in order to remain operative.
advice and services
palmer biggs legal offers advice and services to clients in relation to the filing and registration of trade marks, designs, patents and domain names. Fixed legal filing fees for the registration of a trade mark or a design begin at £225.
We will also provide continued specialist support throughout the entire life span of your intellectual property rights, up to and including the point of renewal.
If you require furthter information about registering your brand(s) please contact us.
