Trade Marks

Searches & FTO

Before you try to register, or start to use, a trade mark, it is advisable to conduct searches to locate any likely conflicts. Beck Greener can conduct searches for you to locate earlier rights to identical or similar trade marks which may be used to oppose your trade mark applications and/or bring court proceedings to, amongst other things, stop you using a trade mark.

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Trade mark rights belonging to third parties can be used to both prevent your applications being registered, and bring infringement proceedings in court to e.g. stop you using a mark and obtain damages from you for past infringement. Further, in certain countries such as the United States and Australia, the Trade Mark Registries will refuse your application of their own accord if they consider there to be an earlier right on their register which conflicts with it.

Prior to filing an application for registration, Beck Greener can advise on an appropriate search strategy to establish if a trade mark is available for registration and use without infringing the registered and unregistered rights of others, as well as advising as to the inherent registrability of trade marks

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Legal 500 2021 - Trade marks