For any business that has spent time, money, and effort on building up a strong and reputable brand, discovering that another party is infringing on their trademark can be a worrying and potentially damaging occurrence. Action must be taken rapidly to guard against possible damage to your reputation.

Seek Legal Advice

Immediately upon becoming aware of the infringement, you should gather evidence and take legal advice. You should never directly contact the individual or business infringing on your trademark since they could remove all references to the infringement, making it challenging to gather all the evidence you need to prove the case.

Cease and Desist

The first course of action to tackle a trademark infringement is to send a cease-and-desist letter which explains the actions the infringer must take to resolve the matter. This letter will also warn them that legal action will be taken if they do not engage. Often, when an infringer receives this letter, they will agree to stop using your trademark and the matter will come to an end. However, should this not occur, there are other options available, although in all cases, it is expected that a cease-and-desist letter will have been the first measure taken.

Interim Injunction

Should an infringer refuse to voluntarily cease their activity, you can make a Court “interim injunction” application which prohibits the infringer from persisting in their actions until a trial is held. Often, a solicitor will be able to tackle the infringement by using negotiation or an alternative method of dispute resolution such as mediation. Unfortunately, though, in some cases the matter will proceed to litigation. Using a team of highly experienced solicitors is crucial in such cases in order to ensure that all avenues are fully explored, and the best possible case is presented to the Court in order to protect your business and its reputation.

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