Do US Trademarks provide any protection in the UK?
State/Country relating to question: United Kingdom
I own a US Trademark & have been approached from a distributor in the UK. Does my trademark stop them from creating their own products in the UK?
Hello,Unless you have also registered in the UK, you would not be protected as such but you may lodge a claim for passing off against the UK distributor if your products have been in the market for a long time and the UK distributor by making similar products to yours will miselead the public into believing that his products are yours.Registering your trademark in the UK would be highly recommended.Hope this helps
We are a clothing company & have owned the trademark "Living like a Pirate" in the US since 2009. I have been approached by a person in UK to license the products to him. We produce the product by applying heat transfers & i would like to offer to sell him the transfers as an easy way to start. He will pay upfront. My concerns are him producing good quality products & keeping him from making knock offs. I understand that if he wanted to make knock offs now I would have a hard time stopping him because we are a small company. Any suggestions?
Thank you.I suggest you enter into a written Licence Agreement with him which sets out his rights and responsibilities so that there is no issue later on about him producing knock offs or infringing your trademarks.You may put in a clause in the Agreement to the effect that he will pay liquidated damages of a specified sum of money of he infringes the terms of the licence agreement.Hope this helps. Please leave feedback
English Solicitor with over 10 years legal experience
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