Intellectual Property

The World Intellectual Property Office defines intellectual property (IP) as ‘creations of the mind, such as inventions, literary and artistic works, design, and symbols, names and images used in commerce.

At MKB Law, we help businesses to best protect and commercialize their IP assets which they invest considerable amount of time and resources in creating and developing. We assist in registering, maintaining and enforcing IP rights such as brand names and logos, photographs, writings and artwork. Upon entering into commercial contracts, such as licensing, franchise, influencer agreements and commercial terms and conditions, we seek to ensure our clients have a maximum protection of their IP rights and assets.

Our Litigation Team can also act on your behalf in a copyright or trademark disputes and will aim to achieve the best possible outcome in the timely and cost-efficient fashion.

Our specific areas of focus include:

 In-depth advice on registrability of a mark and risks associated with infringing third party rights

Trademark registration and monitoring in the UK

Cease and desist letters

 In case of dispute, advise on breach of contract, torts, reputation management, mediation.

What We Do

We take the time to understand the needs of your business. The Corporate team at MKB Law offers tailored and strategic advice, and we will work with you to maximise the value of your IP assets, assist in obtaining proper protection for your IP assets and diagnose risks, costs and benefits. As a full-service firm, we can help you manage your IP portfolios in the most efficient way, from creation of your intellectual property, to commercialising it, and to resolving any disputes arising from it.

It is important to note that the registration of a company name does not grant you trademark protection. You have to separately apply to register your brand name and/or logo with the UK Trademark Registration Office if you only trade within the UK. If you also trade in the Republic of Ireland or any other parts of Europe or further afield, you should seek to obtain trademark protection in those specific regions.

Once registered, you have exclusive rights to use the trademark in relation to the goods and/or services which the trademark covers and will be entitled to bring action against any misrepresentation or copying. Having a registered company name would provide only protection for your brand in the absence of registered or, in certain cases, unregistered trademark rights.

The assignment of a trademark is not effective unless it is in writing and signed by the assignor (the party assigning it). Further, a contractual obligation to transfer a business is to be taken to include an obligation to transfer any registered trademark, except where there is agreement to the contrary or it is clear in all the circumstances that this presumption should not apply. A trademark can also be transferred in connection with goodwill of a business or independently.

Copyright covers an author’s literary or artistic creations, often referred to as “works”. Trademark protects word, phrase, symbol and/or design that identifies and distinguishes the source of the goods or services of one party from the others.

In certain circumstances, rights can overlap. For example, an artistic work can be registered as a trademark, whether or not it is protected under copyright law.

IP right holder may resort to civil litigation, arbitration or mediation when their rights are infringed.  Usually, before engaging   in any proceedings, IP right holder would seek to obtain an injunction to stop the infringements. If the matter is particularly urgent, it is possible to get an emergency injunction from the court to stop the problem until the trial of the case. The IP holder may also seek specific performance and seek to have the stock destroyed or returned to the IP holder.  IP may also seek damages (i.e., financial compensation) to restore its position as far as possible back the position it would have been in if its IP had never been infringed. The IP holder can also ask for an account of the infringer’s profits resulting from the infringement instead of damages. IP owner usually seeks to publish the result of the case as a deterrent against repeat infringers.



Gordon McElroy
Director
gmce@mkblaw.co.uk
028 9099 3111

Jonathan Jackson
Associate Director
jj@mkblaw.co.uk
028 9099 3121

Lynsey Henderson
Solicitor
lh@mkblaw.co.uk
028 9099 3117

Jose Lazaro
Solicitor
jl@mkblaw.co.uk
028 9099 3114

MKB Law understands business. We are pleased to work with clients across a range of sectors, including:

Experienced

Our experience and expertise allow our team to provide an unrivalled service to all clients.

Personal

Our personal understanding ensures our clients are at the forefront of our services.

Flexible

Our team provides clear legal guidance to complement your business structure.

Specialised

Our clients span all industries, from technology to agriculture and hospitality to renewables.

Or please call us on 028 9024 2450 or email info@mkblaw.co.uk

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