Identification, centralisation, and management of IP assets for fast and convenient retrieval of data electronically to promote greater efficiency among staff, and the devotion of more time to the running of the business.
Risk assessment of prospective names for trademark registration and use in Barbados, other Caribbean countries, the United States, the United Kingdom, the European Union, and many other geographic markets.
Trade Mark filings; Service Mark filings;
Renewals; Recordals of Change of Name, Address, Assignments, License Contracts, and Mergers; and Cancellations.
Trademark infringement;
Oppositions; Passing off;
Unfair competition;
Online IP infringements;
Counterfeiting;
Dispute resolution & settlement.
Preventative measures against copyright infringement; and Copyright Assignment Agreements.
Trade secret identification,
management, protection,
and security.
Early domain name clearance and registration.
License Agreements;
Assignment Agreements; Distribution Agreements; Merchandising Agreements;
Non-Disclosure Agreements;
and Research & Development Agreements.
Training on IP policy, management, maintenance, protection, and exploitation. Suitable for in-house counsel, business owners, authors, brand owners, and owners of IP assets.
A trademark is a sign used in the course of trade to distinguish the goods of one person from those of another. A mark used in connection with services is called a “service mark”.
Other types of marks are collective marks (i.e., used by a group of business enterprises for the common benefit of group members with specific conditions governing the use of the mark), and certification marks (i.e., used to certify some characteristic of the goods or services bearing or used with the mark).
A Trademark search is an investigation to determine whether a mark being considered for a new product or service is available for trademark registration and use. A prospective mark is considered “available” if:
Trademark registration makes it easier to enforce one’s IP rights. It is typically embodied in a piece of paper but operates as a title deed.
Similar to how a title deed grants a person the power to assert ownership of real estate or to challenge any person claiming ownership of that real estate, a trademark registration gives the owner power to assert the title of the trademark and to stop any third party from using the mark without the trade mark owner’s consent or permission.
Therefore, a trademark registration of a logo, brand name, or other elements of a business owner's brand appearance is likely to make that owner more effective in enforcing its IP rights against unauthorised users.
"Trademark trolls” file trademark applications for emerging and well-known brand names with no intention of using them commercially but simply to blackmail the legitimate owners of the brands to pay them a sum of money in exchange for the trademark application or registration.
Even if you may have strong grounds to challenge such actions, you do not want to spend your resources to seek redress against such trolls.
Trademark registration is one of the most important assets that a brand owner can have. It operates as follows:
When filing a trademark application, ensure you claim all the goods and services you commercially use and plan to use with that trademark, where possible, as your existing trademark registration will only be effective in stopping someone from selling those specified goods and services.
For example, suppose you are about to launch a clothing line and obtain trademark registration for your mark for dresses and other types of apparel, but not sandals and handbags. In that case, you will not be able to rely on that trademark registration to stop a third party from using an identical or similar mark on sandals and handbags. However, you may have redress under the common law tort of passing off, unfair competition laws, and any other laws governing the enforcement of IP rights.
So, if you plan on using your mark with specific goods and services, please make sure that your trademark registration will cover those particular goods and services, and this will make it easier to stop others from commercially using your mark and brand.
Trademark registration is territorial.
What this means is that registering a trademark in one country does not automatically result in trademark registration and protection in another country.
Therefore, it is essential to seek trademark registration for your mark in the country in which it is being used commercially or where you plan to use it, as it reduces the risk of another person using or seeking to register an identical or similar mark to yours in that country.
The ™ symbol is used with unregistered marks only.
Its function is to put the public on notice that you are using the mark as a trademark and, as such, to deter others from using the mark. Suppose you have a brand name "CAT" for handbags. You may display it as:
CAT™
You do not need to have a pending trademark application. You may even decide against seeking trademark registration of your mark. You are still entitled to use the ™ symbol.
The trademark registration symbol ® is used with registered trademarks only.
The ® symbol informs the public that a trademark is registered, i.e., “taken,” or, to put it another way, off limits for commercial use by a third party without the owner’s consent or permission.