TRADE MARK INFRINGEMENT ADVICE
Whether you suspect infringement or have received an allegation, start with the rights and evidence. Nitin Agarwal can assess the position and advise on a proportionate response for your business.
Send the registrations, examples of the disputed use, relevant dates, correspondence and the outcome you want.
WHY TAKE ADVICE?
The registered mark and its scope matter alongside the use complained of. Similarity alone is not the full test.
Keep dated examples of branding, sales and relevant correspondence. The facts support the assessment.
Assess costs, risks and objectives before making demands or admissions. Negotiation may be worth exploring.
WHEN WE CAN HELP
These are illustrative situations, not accounts of completed client matters.
You have found a name or logo that may conflict with your rights and want to assess the position.
We can review the registration and the disputed marketplace use. Advice on action follows a review of the facts and agreed scope.
Another party says your branding infringes its registered rights and expects a response from you.
We can assess the allegations and consider available responses. Send the full correspondence and flag any stated deadline promptly.
You want to address the dispute without unnecessary escalation and need to understand your options.
We can discuss possible terms against your commercial objective. Negotiation and drafting require a separately agreed scope.
THE SERVICE
Start with the rights and actual use involved, whether you want to raise a concern or respond to an allegation.
Review registrations, branding, goods and services and the use being challenged.
Consider the relevant dates, comparison, permissions and material issues within the agreed review.
Discuss the strength of the position, possible responses and commercial objectives.
Draft the agreed correspondence or proposed resolution for your approval.
Separately scope negotiations, specialist representation or other steps if the matter develops.
A CLEAR PROCESS
Provide the marks, uses, correspondence and dates involved.
We consider the evidence and material issues within the agreed scope.
Discuss practical options, risks and commercial objectives.
Approve the communications or additional work to be undertaken.
YOUR ATTORNEY
Nitin Agarwal is a Chartered Trade Mark Attorney and founder of Corpinal IP Limited. You deal directly with him on the agreed advice and work. The engagement confirms the scope and any specialist support required.
BEFORE YOU INSTRUCT US
Have a question about your situation? Tell us what you need help with and include any relevant dates.
Infringement can arise where an identical or similar sign is used in circumstances covered by the rights granted by a registered trade mark. The precise test depends on the marks, goods or services and surrounding circumstances.
Not always. It is usually sensible to assess the legal position, evidence and commercial objective first. A poorly judged letter can increase costs or provoke unnecessary proceedings.
Avoid ignoring it or making admissions before the claim has been assessed. The relevant registrations, alleged use, chronology and available defences should be reviewed so that an informed response can be prepared.
Yes. Many disputes are resolved through negotiation, undertakings, coexistence arrangements, changes to branding or other agreed terms without requiring a final court decision.
An initial conversation identifies your needs and whether we can help. Document review, legal assessment, drafting and substantive advice are paid work, with scope and fees agreed before we start. Sending an enquiry does not confirm that we can act or that a deadline is being monitored.
RELATED GUIDANCE
Whether you are sending or receiving a letter, the wording should follow an assessment of the rights, evidence and objective.
A settlement needs to resolve the immediate dispute and state clearly what each party must do next.
A passing off concern needs evidence of the business, the conduct complained of and the harm alleged.
BRAND PROTECTION CHECK
Explore your wider brand protection needs with questions tailored to your business and plans.
No contact details needed to see your results.
YOUR NEXT STEP
Send the registrations, examples of the disputed use, relevant dates, correspondence and the outcome you want.
We agree the scope and fees before substantive work begins. If a deadline is close, telephone us as well. An enquiry does not confirm that we are acting or monitoring a deadline.