Intellectual Property Solicitors — Trade Marks, Copyright, Patents, and IP Disputes

No — if you have a registered trade mark, you have a straightforward statutory infringement claim. But even without registration, the law of passing off protects businesses with goodwill in an unregistered name or mark. To succeed in passing off, you must demonstrate: (i) goodwill — a trading reputation associated with your name in the UK; (ii) misrepresentation — the defendant's use of the similar name is likely to cause confusion in the minds of customers; and (iii) damage — actual or probable harm to your business or goodwill. A solicitor advises on the strength of a passing off claim and, in parallel, advises on whether to register the trade mark to strengthen your position going forward.

Purely descriptive marks — marks that describe the goods or services directly (for example, "FAST DELIVERY" for a courier service) — are generally not registrable at the UKIPO, because they need to remain available for all traders to use (s.3(1)(c) TMA 1994). However, a mark that has acquired distinctiveness through use — where consumers have come to associate the mark specifically with your goods or services — can be registered even if inherently descriptive. A solicitor advises on the registrability of the specific mark, the evidence needed to demonstrate acquired distinctiveness, and alternative mark structures that are more likely to be registered without a long evidentiary process.

Not automatically. Under the Copyright, Designs and Patents Act 1988, copyright in an original work vests in the author — the creator of the work. Where a designer or developer creates a logo or website as an independent contractor (not an employee), copyright vests in the contractor, not in the commissioning business — unless there is a written agreement assigning the copyright to the commissioner. Many businesses are unaware they do not own the copyright in their own branding and website. A solicitor reviews any existing agreement and, where no assignment was made, obtains a written assignment (or, alternatively, an exclusive licence) from the contractor.

The available IP rights depend on the nature of the design: (i) if it is registered as a UK registered design, the owner has an infringement claim without needing to prove copying; (ii) UK Unregistered Design Right (CDPA 1988) protects the shape and configuration of 3D articles — the owner must prove the defendant copied the design; (iii) the design may also be protected as an artistic work under copyright (for example, technical drawings, graphics); and (iv) passing off may be available if the product design is so distinctive that customers associate it with your business. A solicitor advises on which rights apply and applies for an urgent injunction to prevent further copying while the claim is pursued.

The Intellectual Property Enterprise Court (IPEC) is a specialist court within the Business and Property Courts designed for smaller IP disputes — typically where damages are under £500,000 and the cost of High Court proceedings is disproportionate. IPEC has a capped costs regime (maximum £60,000 in costs recovery) that limits costs exposure, making it accessible for smaller businesses. IPEC judges are specialist IP judges. The High Court (IP list of the Business and Property Courts) is more appropriate for complex cases or larger sums. A solicitor advises on the most appropriate forum for the specific dispute and claim size.