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IP & Confidentiality Contracts

Trade Marks and Branding Dealing & Protection

Branding helps customers recognise a business, distinguish its goods or services, and associate them with a particular reputation. These documents help businesses protect, control, license, transfer and manage brand assets, including trade marks, domain-name-related branding and wider get-up.

This collection covers both registered and unregistered trade mark issues, from everyday brand control through to infringement, passing off and negotiated co-existence.

Licensing, assigning and controlling brand use

Use the trade mark licence where one party owns a mark and another is permitted to use it on agreed terms. Use the trade mark assignment where ownership of one or more registered or unregistered trade marks is being transferred.

The White Label Product Agreement supports own-brand supply arrangements, where a manufacturer produces goods that are sold under the reseller’s branding.

Trade mark enforcement, passing off and brand disputes

Where branding is being misused, or where another business has adopted a confusingly similar name, mark, get-up or presentation, the enforcement documents provide practical starting points.

The collection includes guidance notes and cease and desist letters for registered trade mark infringement, unregistered trade mark issues and passing off. These documents help users understand the legal route before taking action, including the risks around unjustified threats where relevant.

Co-existence and internal trade mark policy

Not every branding conflict needs to escalate into litigation. A Trade Mark Co-Existence Agreement can help businesses with similar marks agree clear boundaries for future use.

The Trade Mark Policy helps businesses manage how employees, contractors and others use trade marks, including correct use of trade mark notices, third-party marks and internal infringement reporting.

Trade Marks and Branding Dealing & Protection is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.

Frequently Asked Questions

I want to protect my brand name and logo. Should I register a trade mark or rely on my unregistered rights? +
Registration gives you the strongest and most easily enforced protection, a clear record of your rights in the classes you register and the ability to sue for infringement. Without registration you rely on passing off, which protects the goodwill in your brand but is harder and more expensive to prove. You can use these documents for both registered and unregistered situations, but for a brand you value, registration is usually worth it.
Can I let another business use my trade mark? +
Yes. A trade mark licence lets another party use your mark on agreed terms while you keep ownership, and you should keep control over the quality of the goods or services so the mark is not undermined. If you want to transfer the mark outright, use a trade mark assignment instead. This sub-folder has both, so you can permit controlled use or hand over ownership depending on the deal.
Another business is using a name confusingly similar to mine. What can I do? +
If your mark is registered, you may be able to act for trade mark infringement. If it is unregistered, your route is passing off, which requires goodwill in your brand, a misrepresentation by the other business and resulting damage. A cease and desist letter is a common first step, but for registered rights take care how you word any threat, because groundless threats of infringement proceedings can be actionable against you.
What is a trade mark co-existence agreement? +
It is an agreement between two businesses with similar marks that sets out clear boundaries for how each may use its brand, for example by product area or territory, so they can operate without constant conflict. It is a practical alternative to litigation where both sides have a legitimate interest. This sub-folder includes a co-existence agreement alongside enforcement documents, so you can choose to agree boundaries rather than fight.
What is a white label product agreement? +
A white label agreement supports own-brand supply, where a manufacturer produces goods that another business sells under its own branding. It sets out who makes what, the quality and specification, the branding and labelling and the commercial terms. It is useful where you want to sell products under your brand without making them yourself, or where you manufacture for resellers who brand the goods as their own.
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