The Scenario

You left the world of full-time employment to establish your own company and fulfil your entrepreneurial ambitions. You’re selling a product you have designed and created yourself – and business is booming.

Imagine that you have racked your brains, asked all your customers, and purchased the domain names for the new brand you have created. Six months after decorating your shop and having designed all your packaging you perform a look up on Google and find that another company is selling a product nearly identical to yours.

Your brand is not registered, the goods have no design right protection and you do not have a trust fund to pay the fees that your lawyer is demanding.

What Do You Do?

Call Trade Mark Associates – we will give you straightforward and effective advice that should help you to protect your brand.

The first things that we would consider are:

  1. Register your brand as a registered trade mark. It may be too late to use the trade mark as against the new imitator, but it will help you in the future, and allow you to register your brand at Amazon Brand Registry. Trade mark application costs can be found on our Pricing
  2. If the design was only marketed to the public less than twelve months ago, register the design as a “registered design”.
  3. Gather information about your goodwill. The questions to ask are:
    1. When did you start using your name in business?
    2. Where is the business situated?
    3. Who are your customers?
    4. How do you advertise (where, what and when?)
    5. Have you any invoices showing sales of your products?
    6. What is your turnover?
  4. Gather information about what the “new comer” is doing. How is he using your brand, who is he selling to, where is he selling, how does he advertise?
  5. Think very carefully about what about his business is damaging your business?
  6. Have you any early drawings or prototypes of the product that you are selling? What are similarities in the copied product that are similar to your product?  Have you purchased a copy of the infringing copy from the copyist (if so, keep the receipt and sample)?

The experts at Trade Mark Associates will give you expert advice in ways that they will ensure you will understand.  They will give you the alternatives and, if you want, act on your behalf in making sure that your brand is not damaged any further, the infringing copies are destroyed and you receive compensation from the infringer.

To get in touch, visit the Contact Us page.

Your brand is safe with Trade Mark Associates.

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