Trademark Infringement

Safeguard Your Brand with Trusted Legal Expertise

Your brand is one of your most valuable business assets. It signals your reputation, customer trust, and market presence. So when someone uses a name, logo, slogan, or visual identity that’s confusingly similar to yours, it can cause serious harm — legally, commercially, and emotionally.

Whether you’ve discovered another business infringing your trademark, or you’ve been accused of using someone else’s, The Jonathan Lea Network is here to help. We provide clear, strategic legal advice tailored to small and medium-sized businesses navigating trademark disputes across the UK.

From cease and desist letters to full-scale litigation, we protect your rights while keeping commercial goals and budgets in mind.

What Is Trademark Infringement?

Trademark infringement occurs when a third party uses a sign that is identical or confusingly similar to a registered trade mark, in a way that could mislead consumers or damage the reputation of the brand.

In the UK, trademark infringement is governed by the Trade Marks Act 1994, and protection extends to:

• Registered trade marks, including words, logos, colours, sounds, or combinations
  
• Unregistered trade marks, under the common law action of passing off
  

Infringement can be direct (e.g. using an identical logo) or indirect (e.g. using a similar name in the same commercial field). Even if the infringer didn’t intend harm, the courts can still impose liability.

Common Trademark Infringement Scenarios We Deal With

We assist both rights holders and accused parties in a wide range of scenarios, including:

• Copycat branding: A competitor launches a product or business with a name or logo that is very similar to yours, risking customer confusion or reputational damage.
  
• Online infringement: Someone uses your trademark as a domain name, in social media handles, in Google Ads keywords, or to sell knock-off products on platforms like Amazon or Etsy.
  
• Former business partners or employees: A previous collaborator continues to use a shared brand, domain or trade name without consent.
  
• Unregistered rights and passing off: Your brand may not be registered as a trademark, but if it has developed sufficient goodwill, you may still be able to prevent others from unfairly riding on its coattails.
  
• Defending unjustified threats: You may receive an aggressive letter claiming you are infringing a registered trade mark, often with demands to stop trading, pay damages, or hand over a domain name. We help you respond firmly and strategically.
  

The Legal Framework: UK Trademark Law in Brief

Trademark infringement can arise in different ways under the Trade Marks Act 1994, including:

• Section 10(1): Using an identical mark for identical goods or services
  
• Section 10(2): Using a similar mark for similar goods/services where confusion is likely
  
• Section 10(3): Using a similar mark in a way that takes unfair advantage of, or is detrimental to, a famous mark’s distinctive character or reputation
  

In some cases, even intentional use of your trade mark to divert business or tarnish your reputation may give rise to enhanced remedies.

Our Trademark Infringement Services

We provide practical and cost-effective support at every stage of a trademark dispute:

1. Initial Review and Strategy Advice

We review the trademark, its registration status, and the strength of your position. We assess both the legal and commercial merits of the case, including:

• How likely confusion is in the eyes of the average consumer
  
• The classes and categories covered by the registration
  
• Whether prior rights exist, and if passing off is a viable claim
  

We give you a clear, realistic view of your options.

2. Cease and Desist Letters / Letters Before Action

Whether you’re sending or receiving a legal letter, we ensure it is properly drafted and backed by strong legal arguments. A well-constructed letter can often lead to resolution without court proceedings.

We’re also experienced in helping businesses respond to unjustified threats and, where necessary, take action to stop trade mark bullying.

3. Negotiation and Settlement

Most trademark disputes are resolved through negotiation. We aim to:

• Protect your reputation and legal rights
  
• Achieve swift removal of the infringing material
  
• Minimise disruption to your business
  
• Secure compensation, licensing terms or undertakings where appropriate
  

4. IPO Registry Actions

In addition to court proceedings, many trademark matters involve processes before the UK Intellectual Property Office (IPO):

• Opposition proceedings: Challenging new trademark applications that conflict with your brand
  
• Invalidity or revocation actions: Removing registered marks that were wrongly granted or are no longer in use
  
• Defending challenges: If your mark is opposed or someone tries to cancel it, we can assist
  

5. Litigation in the Intellectual Property Enterprise Court (IPEC)

If necessary, we will represent you in formal legal proceedings. The IPEC is a specialist court suitable for SMEs and designed to handle trademark disputes with capped costs and streamlined procedures.

Remedies available include:

• Injunctions to prevent further use of the infringing mark
• Damages or account of profits
• Orders to destroy or deliver up infringing goods
• Public apologies or corrective advertising
  

What If My Trademark Isn’t Registered?

Even if you haven’t registered your brand as a trademark, you may still have legal rights under the common law doctrine of passing off. To bring a passing off claim, you must show:

1. Goodwill: That your business has developed a recognisable reputation in the brand
   
2. Misrepresentation: That the defendant’s use of the similar name or mark misleads or confuses consumers
   
3. Damage: That this misrepresentation causes you commercial harm
   

We regularly act in passing off disputes, particularly for businesses that have invested in brand reputation before getting around to trademark registration.

Why Choose The Jonathan Lea Network?

We understand the unique pressures that SMEs face when their brand is under threat — or when accused of infringement by a more powerful competitor. We provide:

• Clear, jargon-free advice: We explain trademark law in plain English and help you make confident decisions.
  
• Proactive and practical strategy: We work to resolve issues swiftly and commercially, without unnecessary escalation.
  
• Full service capability: From pre-action advice to representation in IPEC, we offer seamless support at every stage.
  
• Transparent pricing: We offer fixed-fee reviews, capped-cost negotiations, and honest guidance on litigation budgets.
  

Above all, we focus on protecting what you’ve built.