Intellectual Property Solicitors

Your brand, your designs, your content, and your business secrets are commercial assets — and the law protects them. A solicitor registers them, enforces them, and defends them when competitors cross the line.

Intellectual property law protects the creative and commercial output of businesses — trade marks (registered and unregistered), copyright (in written works, software, graphics, photography, and design), registered designs, and confidential information. Infringement — by competitors using your mark, reproducing your content, or copying your designs — causes real commercial loss. A solicitor will advise on the right protection strategy, register and enforce IP rights, and pursue or defend infringement claims through the Intellectual Property Enterprise Court (IPEC) or the High Court.

Trade mark registration & infringement Copyright & design disputes Passing off & confidential information Free initial consultation

IP Rights & Protection

Intellectual property — how each type of IP right works and how infringement is addressed.

Different types of intellectual property are protected by different legal frameworks — each with different registration requirements, duration, and remedies. A solicitor will identify which rights protect your business and how to enforce them.

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Trade mark registration and infringement

A registered trade mark gives the owner an exclusive right to use the mark in connection with the goods or services specified in the registration — and to prevent others from using a similar or identical mark in connection with similar or identical goods or services. Registration at the UK Intellectual Property Office (UKIPO) covers England, Scotland, Wales, and Northern Ireland. A solicitor will conduct a clearance search before registration (identifying potential conflicts), prepare and file the application, and manage any opposition from existing rights holders. For infringement, a solicitor will send a cease and desist letter, pursue an injunction, and claim damages or an account of profits from the infringer.

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Passing off — protecting unregistered brands

Passing off protects a business's unregistered goodwill — where a competitor's use of a similar name, logo, or trade dress misrepresents to customers that the competitor's goods or services are those of, or associated with, the original business. To succeed in passing off, a business must establish: goodwill in the name or mark in the relevant market; a misrepresentation by the defendant likely to deceive the relevant public; and damage (actual or likely) to the business's goodwill. Passing off is particularly useful where the original business has not yet registered its mark, or where registration was refused. A solicitor will advise on whether the elements of passing off are made out and pursue the claim accordingly.

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Copyright — protection and infringement

Copyright arises automatically on the creation of original literary, artistic, dramatic, and musical works — no registration is required in the UK. Copyright protects the expression of an idea, not the idea itself. Infringement occurs where a substantial part of the protected work is copied without authorisation — by reproduction, publication, broadcast, or creation of a derivative work. Copyright in written content, software code, website design, photographs, and marketing materials is frequently infringed by competitors and by employees or freelancers who reproduce the work without a licence. A solicitor will identify the copyright position, send a cease and desist letter, and pursue a claim for damages or an account of profits.

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Registered designs and design right

Registered designs protect the appearance of a product — its shape, configuration, lines, colours, texture, or materials. Registration at the UKIPO gives an exclusive right to use the design for up to 25 years. Unregistered design right protects the shape and configuration of an original design automatically in the UK (for the first 15 years for 3D designs). Infringement of a registered design occurs where a competitor produces a product that creates the same overall impression as the registered design. A solicitor will advise on whether registration is appropriate, conduct a clearance search, file the application, and pursue infringement where a competitor has copied the design.

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Confidential information and trade secrets

Confidential information — business plans, customer databases, pricing structures, proprietary formulae, and technical know-how — is protected by the law of confidence and the Trade Secrets (Enforcement, etc.) Regulations 2018. A duty of confidence arises where information is confidential in nature, was communicated in circumstances importing an obligation of confidence, and has been used without authorisation. Former employees who take customer databases or technical know-how, competitors who obtain information through an insider, and third parties who misuse commercially sensitive information shared in negotiations all breach the duty of confidence. A solicitor will pursue an injunction to prevent use and a claim for damages arising from the misuse.

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IP assignment and licensing

IP rights are commercial assets — they can be assigned (transferred outright to another party) or licensed (a right to use them granted to another party, for a fee). IP assignment and licensing agreements require careful drafting to ensure the rights transferred or licensed are clearly defined, the consideration is appropriate, the licensor's rights are protected (exclusivity, territory, quality control), and the term and termination provisions are clear. Poorly drafted IP assignment or licensing agreements are a common source of commercial disputes — particularly in software development, branding, and creative services. A solicitor will draft and negotiate IP assignment and licensing agreements that protect the client's commercial position.

How It Works

IP rights that are not registered are harder to enforce. IP rights that are not enforced are lost by inaction. A solicitor protects your IP before it is infringed — and enforces it when it is.

A solicitor will advise on the right protection strategy for your IP, register the rights that benefit from registration, and pursue or defend infringement claims through the Intellectual Property Enterprise Court or the High Court.

Submit Your Request
1

Describe the IP issue

Tell us what IP right is involved, whether it is registered, what the infringement is, and what you need to protect or enforce.

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Solicitor advises on rights and remedies

An IP specialist assesses the right, the strength of the protection, the infringement, and the most effective enforcement route — cease and desist, IPEC, or High Court.

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Free initial consultation

You receive clear advice on your IP rights and how to protect and enforce them — at no cost and no obligation.

Free Initial Consultation

A competitor using your trade mark, copying your content, or stealing your customer data is causing real commercial loss. A solicitor stops it and recovers it.

Get specialist intellectual property advice — and find out how to register, protect, and enforce your IP rights.

Protect My Intellectual Property

Common Questions

Intellectual property — what people ask us.

Do I need to register my trade mark? I have been trading under the name for years.

Long use of a name creates unregistered goodwill — which can be protected by a passing off action. But registration gives a stronger, more cost-effective right: you do not need to prove goodwill to enforce a registered mark; you only need to show the defendant used a similar mark in connection with similar goods or services. Registration also puts competitors on notice — it appears in the UKIPO database and makes clearance searches effective. A solicitor will conduct a search to check whether the name is registrable, advise on the appropriate classes of registration, and file the application — providing significantly stronger protection than unregistered goodwill alone.

A competitor has a nearly identical logo to mine. What can I do?

Where you have a registered trade mark that covers the relevant goods or services, use of a confusingly similar logo is infringement — actionable by injunction and a claim for damages or an account of profits. Where your mark is not registered, passing off may apply where you can show goodwill, misrepresentation, and damage. A solicitor will send a cease and desist letter (without conceding that the use is not infringement), assess the competitor's response, and — where the infringement continues — issue proceedings in the IPEC or the High Court. The IPEC provides a capped-costs, accessible forum for SME IP disputes — keeping the litigation proportionate to the scale of the business.

I commissioned a logo and website from a designer. Who owns the copyright?

Copyright in a work created by an employee in the course of employment belongs to the employer. Copyright in a work created by a freelancer or contractor belongs to the creator — not the commissioner — unless a written assignment is in place. Many businesses commission logos, websites, and marketing content from freelancers and assume they own the copyright — but without a signed assignment, the copyright remains with the designer and the business only has a licence to use the work. A solicitor will advise on the copyright position, draft an assignment to transfer it to the business, and advise on future commissioning agreements that include an automatic assignment on completion of the work.

A former employee has taken our customer database and is using it to solicit our clients. What can we do?

A customer database is confidential information — its misappropriation by a former employee is a breach of the duty of confidence and, where the database is a structured data set, may also be protected by database right under the Copyright and Rights in Databases Regulations 1997. A solicitor will send an urgent cease and desist letter and apply for an interim injunction to prevent further use of the database — which can be obtained on an emergency basis within 24–48 hours where the evidence of misappropriation is clear. A claim for damages for the business lost as a result of the solicitation, and for the breach of the confidentiality obligation, will follow.

I have received a cease and desist letter claiming I am infringing someone else's trade mark. What should I do?

A cease and desist letter is not a court order — it is a letter from the rights holder's solicitors asserting infringement and requiring you to stop. Do not ignore it (failure to respond can be used against you later) and do not immediately comply without taking advice — compliance may not be necessary, and the letter may be an overreach. A solicitor will assess the alleged infringement, whether the mark is registered and in the relevant class, whether your use creates a likelihood of confusion, and whether you have any defences (prior use, descriptive use, own name use). They will respond appropriately and, where the claim is unfounded, put the rights holder on notice of the consequences of pursuing a groundless claim.

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