Best Trademark Lawyers in Aberdeen

About Trademark Law in Aberdeen, United Kingdom

Trademark law in Aberdeen operates under United Kingdom law, primarily the Trade Marks Act 1994 and related regulations. A registered trade mark protects signs that distinguish your goods or services from those of others, such as words, logos, slogans, shapes, colours, and in some cases sounds. Registration gives you the exclusive right to use the mark for the goods and services listed and to stop others from using confusingly similar marks.

Applications are filed with the UK Intellectual Property Office, known as the UKIPO, and a successful UK registration covers Scotland, England, Wales, and Northern Ireland. Unregistered brands can sometimes be protected through the common law action of passing off, but this is harder to prove than relying on a registered mark. In Aberdeen, trade mark issues often arise in sectors like energy and engineering, food and drink, life sciences, education, tourism, and technology, where brand reputation and supply chain integrity are vital.

If your business trades internationally, you can coordinate UK protection with international routes, such as filing in other countries or using the Madrid System administered by WIPO to extend a UK application or registration to other member countries.

Why You May Need a Lawyer

Trade mark lawyers help you avoid costly mistakes, save time, and reduce risk. Common situations where legal help is valuable include clearance and risk checks before choosing a brand, strategy for filing in the UK and overseas, preparing applications that avoid common objections, and responding to UKIPO examination reports.

Lawyers also handle disputes, such as oppositions to your application or when you need to oppose someone else, cancellation or invalidity actions, and infringement or passing off claims. They can draft and negotiate coexistence agreements and settlements that let both parties move forward without court proceedings.

In commercial settings, lawyers prepare licences, franchise agreements, assignments, and security interests over trade marks. They assist with online brand enforcement on marketplaces and social media, customs applications to block counterfeits at the border, and coordination with Trading Standards or Police Scotland for criminal counterfeiting. For Scottish litigation, specialist advice is important on interim interdicts, evidence, remedies, and costs.

Local Laws Overview

Legal framework: The Trade Marks Act 1994 and the Trade Marks Rules set out what can be registered, how applications are examined, and how rights are enforced. UKIPO manages applications, oppositions, revocations, and invalidations. UK law protects both registered trade marks and unregistered rights through passing off.

What can be registered: Marks must be distinctive for your goods and services and not descriptive or generic. Marks cannot be deceptive, contrary to public policy, or conflict with earlier rights. UKIPO examines absolute grounds, and after publication third parties can oppose on relative grounds based on earlier rights.

Opposition window: After your application is published, there is a 2 month period to oppose. An opponent can file a notice to extend this to 3 months. Oppositions are evidence based and can involve proof of use of earlier marks that are more than 5 years old.

Use requirements: After registration, if you do not genuinely use your mark in the UK for 5 continuous years, it can be revoked for non use. Renewal is every 10 years and can continue indefinitely if fees are paid and use is maintained.

Defences and limits: Honest descriptive use, comparative advertising in accordance with fair practice, and use of your own personal name can be defences in some circumstances. The own name defence does not generally apply to companies. There are rules on unjustified threats, which restrict how you approach others about infringement, so legal advice before sending letters is important.

Enforcement in Scotland: Civil actions can be raised in the Court of Session in Edinburgh, which has a specialist IP Court for trade mark cases, including interim interdicts, delivery up, damages, or account of profits. Sheriff Courts in cities such as Aberdeen also have civil jurisdiction, but complex or higher value IP cases typically proceed in the Court of Session. Criminal enforcement for counterfeiting is possible under section 92 of the Trade Marks Act 1994 and involves Police Scotland, Trading Standards, and the Procurator Fiscal.

Customs and borders: HM Revenue and Customs handles border measures. Rights holders can file an Application for Action so customs can detain suspected counterfeit goods entering the UK.

International context: An EU trade mark no longer covers the UK. On 1 January 2021, comparable UK marks were created for existing EU registrations, but these now need to be managed and renewed separately. The UK applies a form of regional exhaustion policy. The position on parallel imports can change, so seek current advice if your business relies on cross border trade.

Frequently Asked Questions

What is a trade mark and why should I register one?

A trade mark is a sign that distinguishes your goods or services from others. Registration gives you a clear, nationwide right to stop confusingly similar uses, is easier to enforce than passing off, can be licensed or sold, and helps with online platform takedowns and customs enforcement.

Can I protect a brand in Aberdeen without registering it?

Yes, through passing off, but you must prove goodwill in the brand, a misrepresentation by the other party, and resulting damage. That proof is evidence heavy. Registration is generally more cost effective and predictable.

How long does the UK trade mark process take?

If there are no objections or oppositions, many applications proceed to registration in about 4 to 6 months. If there are objections or an opposition, it can take 9 to 18 months or longer, depending on evidence and procedures.

How much does it cost to file a UK trade mark?

UKIPO government fees start at around GBP 170 for one class when filing online, plus about GBP 50 for each additional class. Professional fees are extra and vary with complexity. Fees can change, so check current UKIPO fees before filing.

Do I need to use the mark before filing?

No. You must have a genuine intention to use the mark for the goods and services you claim. After registration, if you do not use the mark for 5 years, it can be revoked for non use.

I had an EU trade mark. Do I still have UK protection?

Yes, if your EU trade mark was registered on 31 December 2020, a comparable UK trade mark was created automatically. It now needs to be renewed and managed separately. Pending EU applications at that time required a UK re filing within a deadline.

How do I check if my brand is free to use?

Conduct clearance searches of the UKIPO register for identical and similar marks, consider company names and domain names, and review unregistered uses. A lawyer can expand searches to similar marks and relevant overseas registers if you plan to export or sell online.

What can I do if someone in Aberdeen is selling counterfeit goods?

Gather evidence such as photos, receipts, and witness details. Contact Aberdeen City Council Trading Standards and consider reporting to Police Scotland for criminal counterfeiting. A lawyer can send a compliant letter, seek an interim interdict, and coordinate with customs and online platforms.

Will a UK registration protect me abroad?

No. A UK registration covers the UK only. You can file in other countries directly or use the Madrid System to extend protection from your UK mark to multiple countries through a central process.

Can I stop someone from registering my brand as a company or domain name?

Often yes. You can object to opportunistic company names at the Company Names Tribunal and challenge abusive .uk domains through Nominet dispute procedures. Trade mark rights are powerful evidence in those forums.

Additional Resources

UK Intellectual Property Office UKIPO. The government body that examines trade mark applications, manages the register, and provides guidance, hearings, oppositions, revocations, and mediation services.

Court of Session IP Court. Scotland's specialist court for intellectual property disputes, including trade mark infringement and passing off, with procedures for interim interdicts.

Aberdeen City Council Trading Standards. Local enforcement team that tackles counterfeit goods, product safety, and fair trading issues, and can coordinate with rights holders.

Police Scotland. Investigates criminal counterfeiting and fraud. Works with Trading Standards and the Procurator Fiscal on prosecutions.

HM Revenue and Customs. Handles border enforcement through Applications for Action to detain counterfeit goods entering the UK.

Law Society of Scotland. The professional body for Scottish solicitors, with information to help you find a solicitor with trade mark or IP expertise.

Citizens Advice Scotland. Offers free guidance on consumer and small business issues and can signpost legal resources.

Scottish Enterprise and Business Gateway. Provide business support and may offer workshops or guidance on intellectual property strategy for startups and growing companies.

Next Steps

Clarify your goals. Decide what you need to protect, where you trade now, and where you plan to expand. List the goods and services your brand covers and how you use the mark in the market.

Audit your brand assets. Gather logos, word marks, taglines, packaging, and samples of use, plus dates of first use, sales territories, and marketing channels. Keep records of design files and brand guidelines.

Run a clearance check. Search the UKIPO register for identical and similar marks in relevant classes. Include company names and domain names. A solicitor or trade mark attorney can provide a fuller risk assessment.

Plan your filing. Choose the right specification of goods and services using the Nice Classification. Consider a staged approach to the UK first, then international filings if needed. Budget for filing, potential objections, and possible oppositions.

Avoid unjustified threats. Before contacting an alleged infringer, seek advice so your communications are compliant with the unjustified threats rules. This reduces risk and helps preserve settlement options.

Prepare for enforcement. If infringement is ongoing, collect evidence such as dated screenshots, purchase records, and witness statements. Consider interim measures, online takedowns, and customs applications with professional guidance.

Select your adviser. In Aberdeen and across Scotland, look for a solicitor or trade mark attorney with UKIPO practice and Scottish litigation experience. Ask about fees, timelines, and strategy tailored to your sector.

Monitor and maintain. Set diary reminders for examination deadlines, opposition periods, and 10 year renewals. Track use of your mark to defend against non use challenges. Use watch services to spot problematic new filings.

If you need urgent help. For counterfeits or time sensitive disputes, contact a lawyer promptly to consider an interim interdict, coordinate with Trading Standards or Police Scotland, and preserve evidence.

Throughout the process, keep decisions and correspondence in writing, maintain accurate records of use, and review your brand portfolio as your business evolves.