Litigation
If you have a dispute involving your name, logo or other trade
mark sign read this page or follow the links below, and contact us for a preliminary discussion.
Trade mark disputes and litigation arise in a number of ways.
The issue may relate to a passing off claim or ‘cease and desist" letter you have received. Sometimes someone else may be using your mark in an inappropriate way, and you will want advice to decide what steps you could realistically take. In all such situations, you can depend on us to give you pragmatic advice to help you to make appropriate business decisions.
Other ways in which litigious circumstances arise in trade marks is where there is opposition to a trade mark, or an action to revoke or cancel a mark. We have the expertise to assess the facts and help you decide on the most appropriate course of action for you as cost effectively as possible.
We can also help you if you have been copied, and with our international network of contacts we are well placed to help brand owners to tackle piracy and counterfeit goods.
High Court (Chancery) Litigation
If you wish to appeal a decision from the Trade mark Registry, or are on the receiving end of an appeal there are certain steps that you will need to take and timescales to observe to lodge and progress your appeal in the High Court.
The steps involved may include: Filing the appeal with the court, before which it is necessary to instruct Counsel to draft the Grounds of Appeal (ie. statement of case) and skeleton argument. These must then be lodged with a sealed copy of the Registrar"s Decision. A bundle of documents containing duplicate copies and evidence from the original hearing will also need to be prepared.
It may also be necessary to draft witness statements, and serve the documents on the other side.
It generally takes 6 months for the matter to come before the Court once all the required documentation has been filed. After the hearing (which may require one day) the Judge hands down a written judgment.
What next?
If you have a brand dispute why not contact us for a free consultation?
