Buying a domain name does not protect infringers. Registered trademark owners automatically have ownership rights over associated domain names and can sue infringing domain name owners who use confusingly similar names to the registered trademark holder.

Did your designer check for IP Infringement before designing your logo? Did you check for similar business names when registering your domain name? Is there another business in the same class of goods and services who could have a legal case against you for infringement of their intellectual property? 

Many trademark and design attorneys regularly search Google and Companies House register to identify infringers on behalf of their clients.

Companies House registration does not protect infringers who fail to check the Intellectual Property Office “IPO” databases of registered trademarks and designs.

Case law history shows that registered trademark owners can claim up to half the historical profits of the infringer. Infringers can be sued in either criminal or civil courts, resulting in a criminal record and a hefty financial penalty. Ignorance of the law is not a mitigating factor.

IP Infringement is YOUR Responsibility & Liability

Business owners’ risks are further increased by graphics and marketing agencies who create and sell brand names and logos without a even a brief EU and UK IPO search.

Many UK agencies are not fully trained nor use qualified IP advisors to conduct searches.

Equally, many domain name sellers fail to conduct due diligence IPO search checks before selling domain names. We carry out basic checks when recommending and registering customers’ domain names, but registrars generally do not check this for you – it is your responsibility.

Business owners, as buyers of these services, often buy designs and names which are already trademarked and the property of third parties.

The sellers suffer no risk as, by law, it is the business-owning buyers/users who are deemed to infringe and can be sued.

The Intellectual Property Search

The EUIPO and the UKIPO have different databases for trademarks and designs.

Over 2 million trademarks are on the registers with over 100,000 added every year.

Over 100,000 have been registered in classes 35 and 42 for business advice and scientific services and over 50,000 in class 9 for scientific and design products.

The databases must be searched separately using different filters for exact words, phrases and similar words.

Over 350,000 oppositions have been lodged and a large percentage of SME’s suffer infringement problems.

Trademark Applications

Every year in the UK alone over 10,000 Trademark applications fail due to incomplete searches.

These applicants not only lose their application fees but also may be identified as infringers by other trademark owners.

Failed applications are advertised in the public domain as are infringement cases.

Companies may suffer long-term damage to their reputations and brand integrity due to an incomplete search and consequential infringement claim for criminal damage.

We have arranged a special service with Strategic Management Partners to offer an accessible and affordable IP Search service for small and start-up businesses.

This includes searches on UK and EU IPO word and design databases for similar registered trademarks, searches on Google for similar trademarks, and searching Companies House for active and dormant traders with unregistered trademarks.

Qualified trademark and design agent fees vary, and quotes should be obtained for the full searches on UK and EU databases and the follow-up fees for handling subsequent IPO documentation and possible objections.

Some law firms charge over £1000 for this service. Buyers should also check the qualifications, experience and client feedback of the person undertaking the search. This is a critical activity for a business owner.

We believe the package offers small businesses incredible value for money, usually costing £120 to secure their business against IP Infringement claims. 

Clive is also available to discuss any aspect of IP Protection, Trademarks, Copyrights. Patents and more.