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Maximising the value of brands and trade marks

The right protection in the right markets, aligned with your business plan and budget

A brand can be your most valuable asset, giving you rights that need protecting, enforcing and commercialising. By providing you with a bespoke road map, we’ll ensure you get the best value out of your intellectual property. Wherever you are in the world, whatever the size of your business, whatever sector you’re in, we’ll make your brands and trade marks work harder for your budget.

European and global

We have trade mark attorneys in the UK and in mainland Europe, qualified to act before the UKIPO, the EUIPO and in the courts. We work as an in-house team, irrespective of our locations. We hold the largest active EU trade mark portfolio of any firm in the UK. 

Our attorneys are placed in key markets worldwide and have in-depth knowledge of those markets. In addition to our own offices, we work with attorney firms with the expertise and service ethic our clients expect, making sure your needs are never compromised.

Legal and commercial expertise

We’re experts in securing trade mark rights, protecting and enforcing brands and solving legal branding challenges. Marks & Clerk has a large global pool of professionals. We’ll select people with the right legal and commercial expertise and who are a good cultural fit for your business.

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Specialists

for the result you need

Photo: Esther Gottschalk

Esther Gottschalk

Partner and Head of Trade Marks (Europe) Registered and Chartered Trade Mark Attorney (UK)
Esther is involved in all aspects of trade mark protection and portfolio management including trade mark selection, prosecution and enforcement. She works across a variety of sectors, and has particular experience within automotive, IT, insurance, food & drink and publishing.
Photo: Jonathan Colombo

Jonathan Colombo

Canadian Managing Partner | Barrister and Solicitor | Trademark Agent Barrister and Solicitor | Trademark Agent
Jonathan Colombo is the Managing Partner of Marks & Clerk Canada, and is one of Canada’s leading trademark litigation experts.

Simon Speeks

Of Counsel Senior Trademark Agent
Simon specialises in all aspects of trade mark law, including transactional work, licensing and franchising arrangements, enforcement of rights, portfolio management and disputes.
Photo: Kirsten Gilbert

Kirsten Gilbert

Partner and Head of Brand Exploitation, Protection and TM Litigation UK Solicitor (UK)
Kirsten is a Partner and Head of Brand Exploitation, Protection and TM Litigation UK at Marks & Clerk Law. Kirsten advises in a broad range of sectors including food & drink, financial services, pharmaceuticals, fashion and creative industries.

Trade mark services

Protecting

Getting the right protection in the right markets, aligned with your business plan and budget, is central to our approach. We’ll work with you to produce the best road map for your IP protection. We can:

  • advise on the risks associated with new brands and naming, and conduct the relevant searches
  • provide clarity on difficult issues such as validity and infringement
  • advise on the best way to register all brands, including those that may be difficult to protect
  • advise on the best protection strategy for a mark and then manage its implementation worldwide.

Defending

You don’t always have to go to court to defend your brands. We’ll work with you to guard against others trying to profit from your intellectual assets. We can:

  • monitor new applications that may affect your trade mark rights
  • use our experienced anti-counterfeiting team to instruct seizure of goods
  • work with you to adapt a brand to avoid impinging on a third party prior right
  • handle all contentious issues relating to trade marks, from oppositions to company name disputes to domains.

Our team of specialist commercial lawyers and IP litigators works closely with the brand protection team. Together they help you with pre-litigation strategy and all aspects of litigation and dispute resolution relating to trade marks (including infringement and passing-off).

If you choose - or are forced - to litigate, we can help you achieve your objectives in the highest courts around the world through:

  • obtaining urgent interim injunctive relief 
  • defending you against third parties' assertions of trade mark infringement
  • seeking to protect your marks from third-party infringers
  • seeking to defend your marks from the challenges of others.

Managing portfolios

We can take care of your administrative needs, making sure the reminders, deadlines and renewals involved in securing trade marks are safely managed. Our systems are ISO 9001 quality-assured so you can be confident about leaving the admin with us. We can:

  • assist with the transfer of rights or the acquisition of third party rights
  • help you design internal systems for the most efficient and effective management of IP arising from your branding processes
  • provide internal training programmes for your teams.

Maximising value

Trade marks are not just for defending market share and maintaining competitive advantage. They can also generate revenue and raise the value of your business. We can:

  • review your existing portfolio of rights and offer advice on its strengths and weaknesses
  • review competitor and sector activity worldwide and help you plan your branding strategy accordingly
  • draft licences and assignments and assist in negotiations with third parties
  • ensure you’re getting the maximum IP return from your brand portfolio
  • assist in developing suitable new brands and corporate images.

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