5th July, 2023 by Kavita Raikundalia
Unfortunately, it is not uncommon to find that somebody else is using your trade mark but having a registration in place for your mark is a helpful place to start when enforcing your rights. You will likely have spent a lot of time and effort in building your brand and taking the steps to register your rights, so it is important to take prompt action if you become aware of potentially wrongful use (or ‘infringement’) of your mark.
Unfortunately, you can’t prevent trade mark infringement altogether. There are a few things you could do, however, to try and reduce the likelihood of your mark being used.
1. Give notice of your registration. You can use the words ‘registered trade mark’ or the ® symbol next to your trade mark to give notice of your registration. This may help to deter possible infringes. However, it is important to note that it is a criminal offence to use the words ‘registered’ or the ® symbol to falsely represent a mark as a registered trade mark when it is not, and you know or have reason to know that it is not.
2. Regularly check whether your mark is in use. Many businesses conduct regular trade mark searches to check whether their mark is in use or whether any similar trade mark applications have been made. This helps to catch any intended infringement early.
If you have any further questions or would like to discuss protecting your trade mark, we would be more than happy to help. Please contact Kavita Raikundalia on 01908 247 247 or by email to [javascript protected email address].
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