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IP PROTECTION FOR YOUR BUSINESS

Protect your business from IP Infringement

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IP Infringement – Protect Your Business

Is my brand, logo and name safe to use?  With more businesses converting to online delivery and sales, this has never been a more important question for business owners to ask.

Did your designer check for IP Infringement before designing your logo? Did you check for similar business names when registering your domain name? Is there another business in the same class of goods and services who could have a legal case against you for infringement of their intellectual property?

Buying a domain name does not protect infringers. Registered trademark owners automatically have ownership rights over associated domain names and can sue infringing domain name owners who use confusingly similar names to the registered trademark holder.

Many trademark and design attorneys regularly search Google and Companies House register to identify infringers on behalf of their clients.

Companies House registration does not protect infringers who fail to check the Intellectual Property Office “IPO” databases of registered trademarks and designs.

Case law history shows that owners of registered trademarks can claim up to half the historical profits of the infringer. Infringers can be sued in either criminal or civil courts resulting in a criminal record and a large financial penalty. Ignorance of the law is not a mitigating factor. 

IP Infringement is YOUR Responsibility & Liability

Business owners risks are further increased by graphics and marketing agencies who create and sell brand names and logos without a complete EU and UK IPO search.

Over 200,000 UK agencies are not fully trained nor use qualified IP advisors to conduct searches.

Equally domain name sellers also fail to conduct due diligence IPO search checks before selling domain names.

Business owners as buyers of these services often buy designs and names which are already trademarked and the property of third parties.

The sellers suffer no risk as, in law, it is the business owning buyers/users who are deemed to infringe and can be sued.

IP Protection Warning

The Intellectual Property Search

To avoid the risk of infringement it is essential to search the IPO databases related to the geography and trade sectors of the business and related brand names.

The EUIPO and the UKIPO have different databases for trademarks and designs.

Over 2 million trademarks are on the registers with over 100,000 added every year.

Over 100,000 have been registered in classes 35 and 42 for business advice and scientific services and over 50,000 in class 9 for scientific and design products.

The databases must be searched separately using different filters for exact words, phrases and similar words.

Over 350,000 oppositions have been lodged and a large percentage of SME’s suffer infringement problems. 

SME IP Infringements

Trademark Applications

Every year in the UK alone over 10,000 Trademark applications fail due to incomplete searches.

These applicants not only lose their application fees but also may be identified as infringers by other trademark owners.

Failed applications are advertised in the public domain as are infringement cases.

Companies may suffer long term damage to their reputations and brand integrity as a result of an incomplete search and consequential infringement claim for criminal damage.

How We Can Help

Here at C J Strand Cyber Hype we have partnered with Clive Bonny from Strategic Management Partners to offer our clients IP Protection Services.  Clive is a certified IP advisor and registered mediator for IP dispute resolution.

Here is a video from Clive that I believe is a MUST WATCH for all business owners, designers and innovators.

Clive is a multi-business-award winning certified IP advisor, a Fellow of the Institute of Patentees and Inventors, member of the Authors Licencing and Copyright Society, and has provided consultancy and design services to the UK IPO who also list him as a qualified mediator to resolve IP disputes at low cost. 

Our IP Search Service Costs

£120

(£100 +VAT)

We have arranged a special service with Strategic Management Partners to offer an accessible and affordable IP Search service for small and start-up businesses.

This includes searches on UK and EU IPO word and design databases for similar registered trademarks, searches on Google for similar trademarks, and searching Companies House for active and dormant traders with unregistered trademarks.

Qualified trademark and design agent fees vary and quotes should be obtained for not only the full searches on UK and EU databases but also the follow up fees for handling subsequent IPO documentation and possible objections.

Some law firms charge over £1000 for this service. Buyers should also check the qualifications, experience and client feedback on the person undertaking the search. This is a critical activity for a business owner.

We believe this package offers small businesses incredible value for money in securing their business against IP Infringement claims.  Clive is also available to discuss any aspect of IP Protection, Trademarks, Copyrights. Patents and more. 

 

Book an initial IP Protection Discovery Call here or fill out the contact form below.

IP Protection Enquiry Form

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