A useful place
to begin.
Practical guides to organising records and preparing for legal discussions. Browse a topic or search a question.
Trademark searches before adopting a brand
Search before investing in a name, logo or launch. A vacant domain or company-name approval does not by itself establish freedom to use a trademark.
BusinessCompany names, domains and trademarks
These are different legal and administrative systems. Approval or purchase in one does not automatically confer all rights in the others.
BusinessPreparing a trademark application
Identify the applicant, mark, goods or services and truthful basis of use before filing. Inaccurate ownership or use information can create later problems.
BusinessTrademark opposition notices and publication dates
Read the actual publication or opposition record and seek advice promptly. An examination response and an opposition are different procedural stages.
BusinessTrademark renewal and ownership records
Maintain a calendar based on the actual registration and current rules. Continued business use should not be assumed to complete registry renewal.
BusinessTrademark infringement and passing off
Identify whether the claim relies on a registered mark, earlier goodwill or both. Infringement and passing off have different legal foundations.
BusinessAn intellectual-property cease-and-desist notice
Preserve the full notice and the actual material complained of before changing or deleting evidence. The asserted right and demanded remedy require separate…
BusinessWho owns copyright in commissioned work?
Payment for work does not answer every ownership question. Identify the work, creator, employment or commissioning relationship and the governing agreement.
BusinessCopyright assignments — defining the transferred rights
Identify the work and rights being assigned, together with scope, duration, territory and consideration. A broad invoice note may leave important statutory and…
BusinessCopyright licences and permitted use
Read the permission for the use actually proposed. A licence to display an image may not permit editing, resale, advertising or sublicensing.
BusinessCopied website text, photographs or other online work
Preserve the original work, ownership history and dated alleged copy. Similarity alone should be assessed in the context of the protected work and applicable…
BusinessSoftware licences and business use
Match the licence to the actual deployment, users and distribution. Possessing a copy or paying one invoice does not necessarily permit every installation or…