Enforcement
Dealing with disputes and negotiating settlements.
Negotiating, drafting, filing and recordal of licences and assignments.
Enforcement of Trade Marks, Designs and Copyright
Disputes arise when third parties begin unauthorized use of a trade mark, design or copyright, or try to obtain registrations that conflict with existing rights.
Resolution rather than conflict is the priority, to produce commercially realistic solutions. If all else fails, litigation is undertaken on behalf of clients.
Simon Walters® can assist in:
Negotiating settlements
Advising on infringement actions
Managing proceedings: Opposition Invalidity Cancellation Revocation Surrender
Representing clients before the UK Trade Marks Registry or Design Registry (in person if required)
Representing clients before the European Union Intellectual Property Office
Liaising with associates to deal with overseas disputes
Customs watches and anti-counterfeiting matters
Licences and Assignments
As part of enforcing one’s rights, Simon Walters® will advise on all stages of negotiating, drafting, filing and recordal of licences and assignments. These are relevant for trade marks, designs and copyright.
It is recommended that licence arrangements are formally set out in an agreement and this be recorded against registered trade marks or designs to aid in enforcement.
A transfer of rights by way of assignment should also be expressed in the form of an agreement and recorded against trade mark or design rights.
