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Trademarks – How Strong Are They In Law
The law surrounding protecting intellectual property in the UK is extremely, complicated and each individual property right is founded on not just one, but a number of complex legal concepts. Trademarks are no exception to this rule. There are, however a couple of factors, in particular, which will affect your entitlement to the exclusive use of your trademark along with an ability to stamp out those counterfeiting or simply copying your brand.
- How distinctive is your trademark?
- How likely is there to be confusion amongst the general public with the trademarks of other businesses which are already in existence?
As a result, the more unique your logo, business name or trademark actually is and the more different it is from existing trademarks belonging to other businesses, the more likely you are to be successful in stopping competitors ROM infringing your rights – and in particular succeeding in IP litigation, should it prove necessary, and getting a court order to prevent the general public becoming confused with brand names resembling yours in appearance – or even sound or feel.
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