Ensuring a trade mark can be adopted

Client Testimonial
Maybourne Hotel Group owns and manages Claridge's, The Connaught and The Berkeley — three of the most renowned hotels in London. Our brands are highly valuable assets and we have worked with UDL since 2005 on all aspects of the protection and enforcement of our trade marks. We have always found Gareth Price and the team to be approachable and they make what are complex commercial issues easy for us to understand.

Maybourne Hotel Group

Much time and effort goes into choosing a brand, but what if someone is already using (or has registered) a similar name in relation to the same kinds of goods or services? The launch of the new mark could be quickly followed by legal proceedings.

Conflict with third parties brings often avoidable issues such as costs, loss of valuable management time, negative publicity or, potentially, loss of value in the brand or business.

To help reduce this risk, we recommend that clearance searches (also referred to as availability searches or freedom to use searches) are carried out well before launch. A search should identify existing trade mark applications or registrations which are phonetically, visually or conceptually similar to the proposed mark identifying possible obstacles.

How we can help

We’ll develop a search strategy to make sure that all aspects of the mark are covered at the best cost and meet your required timeframe. Based on the results of these searches, we’ll advise on the availability of the trade mark for use and registration in respect of your proposed activities. We can also conduct supplementary checks to assess in more detail the level of risk posed by any earlier rights identified by the searches. We’ll help you to make evidence-based decisions about your brand selection.

Key people

Meet some of our trade marks team.

Leeds

Alan Fiddes

Managing Partner

London

Alison Simpson

Managing Partner

Leeds

Newcastle

London

Mark Green

Partner

Cardiff

Get in touch

Fill out our contact form and one of our team will be in touch.

Alternatively, you can contact us directly and speak to a member of our specialist team.

+44 330 107 5077

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