Trademark protection involves trademark watch services, being aware of what is happening in your business and, when potential threats are identified, taking the right trademark enforcement action to protect your business.
When you register a trademark, it is important to regularly consult trademark registers to check if there are applications to register similar or identical trademarks to yours. You need to be aware of threats to your trademark or applications that might dilute the strength of your trademark and respond fast. Our trademark watch service could be vital to protect a trademark.
Our trademark watch service reviews recently filed Irish and Community trademark applications. We identify written, phonetic and graphical similarities with your trademarks which could threaten your trademark and the value of your intellectual property assets. If a similar mark is found, we notify you with all relevant details, including a recommendation on what courses of action to take and the costs involved.
Trademark Enforcement Action
With a trademark watch service you can take action early by filing a Notice of Opposition. Your trademark enforcement tools also include cease & desist letters, customs notices, search engine trademark policies, injunctions, court proceedings and alternative dispute resolution.
Many ipr disputes are urgent because of the risk of damage to business goodwill. Our solicitors have obtained urgent ex-parte High Court injunctions to protect our clients’ intellectual property rights. These include disclosure orders, forensic computer examinations and search and seizure orders. We have conducted court ordered searches for our clients. Strategically, many cases involving injunctions conclude early, because if an injunction is confirmed it can remove the incentive for the other side to fight on.
If a case does continue to trial or a financial settlement is negotiated, damages and accounts of profits are important remedies. Trademark infringement actions come within the court system rather than trademark registers. That is why it is useful to be represented by a solicitor trademark agent.