Trade Mark Enforcement Guidance Notes

Trade Mark Enforcement Guidance Notes

BS.IP.GN.02

Trade marks, whether registered or unregistered, are an invaluable asset to a business. Trade marks carry with them the reputation and goodwill of a business and as such should be protected with great care.

These Trade Mark Enforcement Guidance Notes have been designed to give you a starting point in protecting and enforcing your trade marks.

New material has been recently added to these guidance notes, providing information on threats actions - actions which suspected infringers may take against accusers making unfounded threats of infringement proceedings.

The guidance notes begin by setting out a brief introduction to trade marks including the key differences between registered and unregistered marks. Secondly, the guidance notes cover the basics of trade mark registration. Attention is then given to the status of unregistered trade marks. The fourth section addresses infringement of both registered and unregistered trade marks. Attention is also given to the opposition of trade mark applications in this section. Finally, the notes address dealing with infringement covering matters including cease-and-desist letters and co-existence agreements.

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