Enforcement

Before anyone is sued

We collect the registration certificates, the use evidence, the dated copies of the other side's product, and a short note on the commercial harm. A letter sent without that pack is an invitation to be ignored.

The Civil Procedure Rules expect a letter before claim that sets out the facts and the remedy sought. We write that letter, or we instruct your solicitor to send it on the back of our pack. Most disputes that should settle, settle here.

Office actions

Oppositions, cancellations and invalidity actions at the UKIPO are often the right forum for a later mark that should not have been accepted. The official fee for a relative-grounds opposition is modest compared with a claim in the High Court. We prepare the statement of grounds and the evidence timetable.

Customs recordal with HMRC lets Border Force detain suspected infringing goods. We file the application and keep the contact details current so a detention notice does not expire unanswered.

Court

Claims for infringement of a registered right, passing off, or breach of confidence belong in IPEC or the High Court, depending on value and complexity. We do not appear as advocates. We instruct counsel and solicitors, keep the documentary record, and remain the client's day-to-day contact so the litigation file and the portfolio file stay aligned.

Questions we are asked

Is a cease-and-desist always the first step?

Usually, because the protocol requires it and because it is cheap. It is the wrong first step if you are about to seek a without-notice injunction, or if notice would let the other side destroy evidence. We will say when to write and when to wait.

What is passing off?

It is the common-law action that protects goodwill in an unregistered sign. You must show goodwill, a misrepresentation, and damage. It is slower and more evidence-heavy than relying on a registered trade mark, which is one reason we prefer to file.