Brand loyalty and awareness are very important for all types of business, however, the more consumers recognise a brand, the more likely that brand is to experience infringement by competitors. Trade mark copycats are, therefore, relatively commonplace. Designing a...

If you are using a trade mark for your business or organisation which has not been registered you still have some rights under common law. While it is always best to register your trade mark, unregistered rights receive protection under the tort of passing off. This...

If a third party has been using your registered trade mark without your authorisation, you can obtain remedies for the infringement of your mark. A trade mark’s owner is eligible to recover damages that relate to the acts of trade mark infringement in question. These...

A trade mark’s owner may recover damages that relate to any acts of infringement. The amounts that can be received in such cases will depend on how the damages and losses are calculated. Taking professional advice is therefore important in order for the claimant to...