Albright IP Limited

Protecting your innovation

+44 (0)1242 691 801

Speak to a UK and European Patent and Trade Mark Attorney

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Trade Marks

Albright IP is a firm of qualified UK and European Trade Mark attorneys. We specialise in trade mark registration in a simple, proactive and cost effective way. We will work with you to protect your brand name, logo, company name or corporate identity, and we actively encourage dialogue and provide support to you throughout the brand development process.

Please see our introductory video below. If you already have brand name in mind, please contact us with details of your brand and associated goods/services for free no-obligation initial advice.


Trade Mark Overview

What is a trade mark?

A trade mark is a sign that identifies your business, products or services and sets them apart from others. This might be a brand name or a logo, for example. Note that it could also be made up of words, letters, numbers and slogans.

If you use or are about to commence use of a Trade Mark, you should consider protecting it by registration.


Why should I register my trade mark?

A trade mark is a valuable business asset and should be protected strongly from the outset. Registration is the only way to ‘ring fence’ your brand. A registered trade mark can be used to prevent unauthorised third party use of an identical or confusingly similar trade mark, known as infringement.

Note that registration provides immediate monopoly rights, even before the trade mark has been used. It is evidence of your ownership of the brand name in relation to specified goods and/or services. In contrast, unregistered rights in a brand name are often not available until a trade mark has been used extensively or for a considerable period of time. Therefore, registration provides strong monopoly rights against others using a brand name that is too close to yours, causing customer confusion and damaging your business.

 

At Albright IP, we can register your brand names and logos in a cost-effective way. We will recommend a strategy to provide protection in the countries or territories that you need. Please feel free to contact us for some free initial advice.


What if I’ve already registered my company name?

It is a common misconception that registering your company name at Companies House protects your name. This is not the case. Company name registration simply prevents registration of another identical company name at Companies House. It does not prevent another party from using or registering an identical or similar trade mark or brand name, nor does it give you the monopoly right to defend against this. Only trade mark registration provides this protection.

Similarly, do not fall into the trap of thinking that company name, domain name and trade mark registration are the same. These three registers are completely different. Company name and domain name registration do not give rise to monopoly rights in a brand name, only trade mark registration does this.


Where can I get advice on trade marks?

Located in Cheltenham, UK, our experienced UK and European attorneys are able to advise on all areas of trade mark law, including:

Trade mark searching and clearance

Before you begin using a particular trade mark, it is advisable to search for other registered marks to check that you won't be infringing someone else's rights.

It is usually best to do this before you decide on a particular trade mark, so that you aren't forced to re-brand at a later stage, which can be time-consuming and relatively expensive.

For more information, please see the following article relating to searching and clearance. Alternatively, please contact us by calling +44 (0) 1242 691 801 to speak with one of our qualified UK and European attorneys.

Registrability of your trade mark

In general, a trade mark needs to be new, distinctive and non-descriptive (of the relevant goods or services) to be registrable. However, there are some exclusions based on how similar the mark is to existing marks, and if the mark does not distinguish your goods and services from those originating elsewhere, it is unlikely to be considered registrable.

For more information, please see the following article relating to registrability. Alternatively, please contact us by calling +44 (0) 1242 691 801 to speak with one of our qualified UK and European attorneys.

Advantages of registering your trade mark

A trade mark registration has many advantages, including:

  • Safeguarding your investment in your brand name and corporate identity
  • Preventing others from using an identical or confusingly similar trade mark, in relation to overlapping and/or related goods or services
  • Providing more easily enforceable protection than unregistered trade marks - although unregistered trade marks exist via the common law of passing off, these take time to establish and are often expensive and difficult to enforce
  • Evidence of brand ownership
  • Stopping others from registering your trade mark or a similar trade mark, and preventing them from continuing to use of your trade mark

Furthermore, a trademark registration is an asset of your business that can be transferred (assigned) or licensed for money. It is also important if you wish to franchise, and increases brand value.

For more information, please contact us by calling +44 (0) 1242 691 801 to speak with one of our qualified UK and European attorneys.

Filing strategy in the UK, EU and worldwide

Your trade mark filing strategy will depend on where are doing business around the world, and where you expect to expand to in future. This is because trade marks are territorial, so separate registered trade marks are needed for each country or region for which protection is required.

However, registered trade marks can be revoked for non-use, for example, so it is not as simple as just registering your mark in as many countries as possible.

For more information, please see the following article relating to filing strategies. Alternatively, please contact us by calling +44 (0) 1242 691 801 to speak with one of our qualified UK and European attorneys.

Filing and defending trade mark oppositions

If you have applied for a registered trade mark, another party may bring an opposition action against your application if they think your trade mark is too similar to one of their trade marks, for example. You would then need to overcome the points raised during opposition in order to attain registration.

Alternatively, it may be that you own a trade mark and find that another party has applied for a trade mark which is confusingly similar to your own. In this case, a good option is to file an opposition to try and prevent the other mark becoming registered

Whichever scenario you find yourself in, Albright IP can advise and guide you through the whole opposition process.

For more information, please see the following article relating to trade mark opposition. Alternatively, please contact us by calling +44 (0) 1242 691 801 to speak with one of our qualified UK and European attorneys.

Filing and defending invalidation actions

Whilst a trade mark application can proceed to registration, it may still be invalid. In other words, there may be good reason why the mark should never have been registered in the first place, and this can make the mark vulnerable to invalidation.

Invalidation is based on the grounds that the mark is inherently unregistrable, either because it is too similar to an existing mark, or that it meets one of the criteria for exclusion. This is not always clear-cut, but we can advise on the merits of an invalidation action if you provide us with full details of your situation.

For more information, please see the following article relating to trade mark invalidation. Alternatively, please contact us by calling +44 (0) 1242 691 801 to speak with one of our qualified UK and European attorneys.

Filing and defending revocation actions

Following registration of a trade mark, it can be possible to have the mark revoked later for one of several reasons.

A common reason for revoking a registered trade mark is due to 'non-use' during the 5 years post-dating registration. Examples of other reasons include the mark having become a common name in the trade for the goods and/or services it is registered for, or that use of the mark is deceptive in some way, relating to the geographical origin of goods, for example.

For more information, please contact us by calling +44 (0) 1242 691 801 to speak with one of our qualified UK and European attorneys.

Trade mark, domain name and company name watching

Albright IP offers 'watching' services which allow you to keep track of third party applications and registrations relating to trade marks, domain names or company names similar to your own.

If it turns out that another company is trying to register a name or brand which is overly similar to your own, having a watching service in place gives you the chance to take preventative action at the earliest possible opportunity. This in turn enables you to maintain your brand identity, and avoid others encroaching on or benefiting from your established brand.

For more information, please contact us by calling +44 (0) 1242 691 801 to speak with one of our qualified UK and European attorneys.

Trade mark infringement

It is possible that, once you have a registered trade mark, a third party will begin infringing your mark. This does not always entail 'direct' infringement, where someone uses an identical copy of your logo or brand. The scope of protection of a registered trade mark also covers 'confusingly similar' marks, so infringement can also occur where a third party mark is similar to yours.

Examples of infringing acts include affixing the trade mark to goods or their packaging, selling goods or supplying services under the trade mark, importing/exporting goods under the trade mark, and using the trade mark on promotional material or in advertising.

For more information, please see the following article relating to trade mark infringement. Alternatively, please contact us by calling +44 (0) 1242 691 801 to speak with one of our qualified UK and European attorneys.

Passing off

The law of 'passing off' is used to protect unregistered trade marks. This stops one party from misrepresenting their goods or services as those of another.

In order to succeed in a passing off action, it must be shown that:
1) there is 'goodwill' in the unregistered mark,
2) that the third party goods/services are being misrepresented as those of the owner of the unregistered mark (even if unintentional), and
3) that there has been (or is likely to be) damage as a result of that misrepresentation.

It can be more difficult to defend unregistered trade marks as opposed to registered trade marks. For more information, please contact us by calling +44 (0) 1242 691 801 to speak with one of our qualified UK and European attorneys.

Licensing, assignments and recordal

It is possible to license or transfer a trade mark from one person (or company) to another. Licensing permits another party to use the mark, e.g. selling products bearing the mark, without infringing. In return, the trade mark owner can receive a royalty, for example. Assignment transfers the trade mark to another party, and the previous owner no longer holds the trade mark.

Different types of licenses are possible, and the terms can be negotiated according to the value of the trade mark (or trade mark portfolio). Trade mark assignments normally transfer all of the trade mark rights from one party (the 'assignor') to the other (the 'assignee'). Licenses and assignments should be recorded at the relevant Trade Mark Office once finalised.

For more information, please see the following articles relating to licensing and assignments. Alternatively, please contact us by calling +44 (0) 1242 691 801 to speak with one of our qualified UK and European attorneys.

 

If you need further information on trade marks, please contact our team. You can use the enquiry form on the left hand side of this page, or e-mail Katie Oliver or Julia House for a free initial search and advice.


What else should I know about IP protection?

In addition to advising on Trade Marks for your brand image and company, we can provide free initial advice regarding Patents for your inventions, Registered Designs to protect the appearance of your products, and Copyright to cover your literature, artwork and graphic design.

Whether you are an inventor, designer, entrepreneur or business, Albright IP can help you stay ahead of your competitors by protecting your new designs, products and trade names in a thorough, proactive and cost effective way.

Our firm provides a personal service, puts our clients first and has a strategy to support your enterprise. We are here to protect your creative vision, innovation and investment, through domestic, European and international filings.

If you would like further information, please contact us on +44 (0) 1242 691 801 to speak to one of our qualified UK and European attorneys.

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What Our Customers Say...

Albright IP Limited
Albright IP Limited
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David Chalk
David Chalk
21:43 02 Jun 20
Great service, attention to detail and truly actionable advice. I've no hesitation in recommending Albright IP and Adrian in particular. Many thanks.read more
George Tatham-Losh
George Tatham-Losh
13:29 05 Feb 20
Fantastic service as always, detailed, informative and all the hard work was done with minimal input from myself. I have been working with Katie and her fantastic team for years and would highly recommend.read more
Christopher James
Christopher James
16:59 20 Jan 20
Choosing Albright IP was one of the best decisions I have made. Adrian and Cloe have both helped me tremendously so far, they are very professional, friendly, prompt and always there to help and answer any questions. Katie Oliver has also been wonderful assisting with the trademark. Thank you all and looking forward to continue to work with you.read more
Richard Hearn
Richard Hearn
16:05 22 Nov 19
Excellent professional advise and extremely honest and upfront people. Many thanks Adrian and your team!
Brian Gibbs
Brian Gibbs
07:32 23 Aug 19
I have absolutely no hesitation in recommending Albright IP Ltd having received superb service and support throughout. Every query I raised was dealt with professionally and very quickly by Will who provided fully detailed and regular updates as well being approachable and friendly at all times. I have full confidence in Albright IP!read more
Warren Philbey
Warren Philbey
10:54 18 Jul 19
From the first call I had a great feeling, polite, friendly, informative and professional. From then it just got better and after a great deal of help and support in understanding our needs we contracted with Albright and they did a fantastic service, exceeding any expectations and proving themselves to be a truly wonderful company to work with. 10 stars! A big thank you to Adrian and his team.read more
Terence Hodgson
Terence Hodgson
23:06 12 Jun 19
I have not had reason to contact Albright for several years since the granting of my Patent but quite recently I did get in touch. It was as I remembered, friendly, professional, honest and informative. It appears that Adrian and the Albright team are there for me no matter the length of time. T Hodgson. UMU HSA Ltdread more
Paul Sims
Paul Sims
12:40 12 Apr 19
Adrian and The Albright Team are Professional and Helpful. It has is a real gem to found such great people to act as part of my extended legal team regards Patents. I am pleased to recommend and have them represent my Registered Patents. Thank you. www.thebluebearpartnership.comread more
Nick Ball
Nick Ball
19:16 12 Mar 19
High quality service at a reasonable price. With Albright you feel you're in very good hands. Marc was always courteous, responsive, well informed and generous with his time. I would have no hesitation recommending Albright or working with them again.read more
Andrew Stewart
Andrew Stewart
16:27 26 Feb 19
Great depth of expertise, advice and counsel. Not only expert advisors, Albright IP provide valuable, balanced and cogent advice on complex (and simple) matters of patent and trademark law. Delivered with great clarity, always available and keen to provide balanced perspectives in support of good outcomes. Great partners, highly recommend.read more
Simon Bradbeer
Simon Bradbeer
11:37 05 Feb 19
After leaving a well known London based attorney Albright IP were recommended to me by a colleague within the group. Since then Adrian and his team have consistently given me superb advice and support whatever the project. With their help the company has been granted a number of robust patents, registered designs and trademarks.read more
Scott Johnson
Scott Johnson
14:59 11 Jan 19
I have known Adrian Hocking for over 10 years. The service he and his colleagues offer is professional, transparent and friendly. If you have an idea that is either completely new or you think is a step-change from what is currently available, I recommend that you contact Albright IP.read more
Hannah Azar
Hannah Azar
11:10 24 Dec 18
Adrian is an exceptionally talented and experienced patent attorney. I was very impressed by the quality of work produced by the team at Albright. A fast, helpful and friendly service.read more
Oliver Pearce
Oliver Pearce
19:11 01 Dec 18
Fantastic one to one service. Knowledgeable. Friendly. Competent. And very rapid response to queries. Very impressed!read more
Simon Folmann
Simon Folmann
21:32 26 Nov 18
Adrian Hocking and Albright IP have offered us excellent service, and expertise over the last 12 months. They explain in detail the processes, implications, and opportunities with obtaining and securing Intellectual Property and for a Product Development company such as ours, it is crucial that the terminology and quality of work be above industry standard. I can with high confidence say, that the delivered work so far from Albright IP and their team, is unparalleled to prior partners we have had in IP; and I am sure it will continue to do so in our future endeavours together.read more
Martin Boyd
Martin Boyd
15:17 03 Nov 18
Excellent technical and legal knowledge. Amazing friendly customer service catered to individual customer needs. Highly recommended.read more
Mike N
Mike N
16:14 08 Oct 18
Albright-IP - We can highly recommend Albright-IP, after contacting several patent companies prior to application - we were after a patent company to offer realistic and practical advice, be able to process our claim from start to finish, After speaking with Mr Doherty on the telephone we decided Albright -IP would be able to offer the skills and knowledge required for our application and asked them to represent us. Albright-IP were on hand to explain the complexities of the process and how our claim may or may not be defended in the real world, Mr Will Doherty is our patent attorney, he was professional and attentive, his knowledge and customer service is very good. We are confident our patent application is in good hands and we are pleased to have Alrbight IP there to assist us with our application, without their input we may well have been wasting our time due to our lack of knowledge in this complex matter.read more
Jeffrey Chua
Jeffrey Chua
08:47 14 Sep 18
We worked with Albright IP Limited on patent applications in EU and UK, specifically through Cloe Loo. Cloe and her team have done a fantastic job. We were glad to have assistance from Albright on our patent application journey. I am impressed by the team's professionalism and we will be engaging Albright to be our long-term legal adviser in patent applications.read more
Graham Kelly
Graham Kelly
17:49 07 Sep 18
I have a granted patent! thanks to Will and the team at Albright. ? Friendly and helpful service, it's great how they can very quickly grasp the required understanding of your idea and put pen to paper and draft a patent. Will was great at pointing out what are valid aspects of my idea and taking me through the process of what that means in patent language! A few more steps to go to hopefully gain the overseas coverage. ?read more
Geraint Morgan
Geraint Morgan
09:44 21 Aug 18
Albright IP provided an excellent, efficient, affordable high quality service that made the whole patent filing experience an enjoyable one - contrary to previous experiences. We are certainly more likely to consider patenting our innovations in the future based on our recent experience and would highly recommend Albright IP to others.......read more
Don Spence
Don Spence
12:07 09 Aug 18
Filing patents can be a steep learning curve but Adrian does an excellent job explaining the process. Adrian and his associates are easy to contact and they will always answer your questions. Money and cost are important and the Albright team do their best to make sure your $$ is spent in a wise fashion. After working with Albright for 6 years, I am happy with their work and I have no reason to change companies. My many thanks for professional service.read more
Graeme Allison
Graeme Allison
22:54 31 Jul 18
Adrian and his team provided and excellent service, their technical understanding is fantastic and patent advice has been impeccable, I’d highly recommend Albright IP should you be looking for patent expertise.read more
Mark Hendriksen
Mark Hendriksen
16:12 17 Jul 18
Exceptional. Guided me through the process in clear understandable steps. Hoping we have a long and successful future ahead with the patents they've so expertly managed for me so far.read more
jing cheng
jing cheng
13:12 19 Jun 18
I contacted Adrain for advise in a short time frame. He is very professional and clear about price policy. He has very good understanding of online business and IP law. He is very quick responding and speakes the language I understand. Highly recommended.read more
Lorenzo Rimoldi
Lorenzo Rimoldi
12:44 07 Jun 18
Adrian was very helpful, upfront and clear on processes, costs and timeline. He's very professional and proactive in his involvement and support. I would definitely recommend Albright IP.read more
Mohammed Deria
Mohammed Deria
04:06 01 Jun 18
Adrian is a true professional at the top of his field! Due to his background in engineering, Adrian effortlessly understand the needs of his client even when it is highly technical in nature. An attentive ear and huge generosity with his time, Adrian's support to us as a client has been extremely valuable. I would highly recommend Adrian and the team at Albright IP for protecting your IP.read more
Guy Procter
Guy Procter
17:36 21 May 18
What can I say, excellent help so far! Very clear and helpful service, explained in terms you can understand covered everything I thought I needed and then some more to give me all the options available. More than willing to recommend Albright IP.read more
Kirishan Siva
Kirishan Siva
09:14 17 Dec 17
The Albright team were extremely helpful and knowledgeable in the whole patent process for our product and went through each process in registering patent to help us understand this fully. Highly recommend Adrian and team for their knowledge, efficiency and professional service!read more
Jade Baron
Jade Baron
16:05 25 Nov 17
Adrian Hocking at Albright handled my recent patent application. I've been very happy with his service. He was very responsive to my questions and explained everything thoroughly. He was very supportive of my idea and consistently positive, which was also helpful. Albright has relationships with various other businesses that help inventors, so it's kind of a like a one-stop-shop. Highly recommend.read more
Meopham Fencing
Meopham Fencing
15:27 08 Nov 17
Great advice and customer service at a reasonable price. They have enabled us to finalise our case satisfactorily. Would happily recommend them and use them again.read more
James Garritt
James Garritt
09:17 17 Oct 17
Adrian and his team have been fantastic in all works asked to do. They have ensured my idea has been protected in every way. They have helped with the design process also and I could not wish for a better team. You may be paying a little more than you feel is expected....but you get what you pay for and you probably save money in the long run. Highly recommended.... use without worry.read more
Tony Laycock
Tony Laycock
16:06 02 Oct 17
I have found that the company has given me excellent service in getting my patent through the process. Every time I have had a phone conversation I have felt I was given plenty of time to discuss what was happening. Along with sound advice I have been able to make great progress. In my opinion it is one of the best companies I have ever dealt with and would be happy to recommend them.read more
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Helpful Tips

Use the Internet to search for other people using the same or a similar Mark. If they have been using it for a long time or on a significant scale, they may have unregistered rights, which could prevent use/registration of your later Trademark.

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Cheltenham Head Office

Albright IP
County House
Bayshill Road
Cheltenham
Gloucestershire
GL50 3BA
United Kingdom

 

(use for all correspondence)

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Pool Innovation Centre
Redruth
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5 Merchant Square
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See the Contact Us page for details

Contact Us

Cheltenham: +44 (0)1242 691801
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London: +44 (0)20 3813 2885

Email: info@albright-ip.co.uk

Vat No: 891 4780 86


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