Brand identity is very important to a business. Every brand owner needs to have strong brand protection in the UK and other jurisdictions. This blog post describes the main features of TM protection in England and Scotland.
TM dispute resolution in Europe
As practice shows, in most cases, litigation is not the first step towards solving the problem of violation of rights to TM in the EU. Some brand owners have found that taking too early action can backfire.
Those planning to file a trademark infringement claim in the UK should be aware that infringers very often go to the court of public opinion, or at least their social media followers, to receive a formal discontinuation letter. As a result, the brand owner, who legitimately tried to defend his TM, is accused of being an infringer. This is inconvenient and can cause additional damage to the brand, even if the owner has serious claims of infringement.
Taking a softer approach, at least initially, can avoid any negative public reaction during the protection of TM in Europe.
However, if you are considering registering a trademark in the UK, please note that a tougher approach may be warranted when the brand owner loses business or its reputation may be irreparably damaged.
Settlement of disputes on TM in England
If the owner of a registered British trademark decides to defend his rights through legal proceedings, he is faced with a choice: should a trademark lawsuit be filed in Scotland or England?
The London IP and Business Court has become very popular due to:
- qualified specialized judges;
- active business management;
- a cost cap of £ 50,000.
These points give brand owners more confidence in the level of costs the adversary can pay if they lose.
However, Scotland should not be overlooked as a venue for brand disputes in the UK. One of the tactical advantages of filing a TM infringement claim in Scotland is that you can apply for a temporary ban.
In order to receive a temporary ban, the brand owner must certify that:
- he has a controversial case of using TM;
- indicate the damage that may be caused if the violation continues.
The interim injunction hearing can take place during the day or the day after the court papers are filed. In addition, hearings that do not involve the presentation of evidence or witness statements are usually relatively short. In certain circumstances, temporary bans may be granted without notice to the offender.
This means that the first time an infringer may learn of a temporary restraining order is when a court hearing has already been served on him, according to which he must immediately stop the violation. This quick interim ban gives the brand owner an advantage at a very early stage and usually results in a quick settlement of TM dispute in Scotland.
If you are considering registering a TM in the UK, please note that both Scotland and England have their tactical advantages. Legal advice on the regulation of trademarks in the UK from IQ Decision UK specialists will help you competently approach trademark dispute resolution in the UK.