This is latest in a series of monthly legal columns by Grantham-based multi-service law firm JMP Solicitors. Established in 2000, JMP provides services for a diverse range of local and national clients from individuals, to companies and organisations.

Here JMP Solicitors' commercial solicitor Robert Cox considers how to protect your company's intellectual property.

Every business needs to consider its brand, how to protect it and equally how it avoids infringing third party trade marks.

We often receive enquiries where clients have introduced a new brand only to receive a letter alleging that the brand infringes a third party's trade mark.

This can be quite distressing and expensive as the client might have spent a lot of money on advertising and marketing literature, web domains and a new company name, for example.

Often, the client will have no choice but to rebrand which can be expensive, but most importantly all goodwill that has been built up under the original brand would be lost.

Even if the client fights against an allegation of trade mark infringement and wins they may still be left with a sizeable legal bill.

To protect against this happening, a simple trade mark search when deciding on a new brand can highlight any third-party trademarks that might pose a freedom to use risk.

It is also important to register the new brand name as a trade mark in each country where your business is active.

Only by registering a trade mark can you a) prove the exclusive right to use your brand name in a specific class of goods and services; and b) protect against infringing a later filed trade mark registration.

Logos can also be protected by trade mark and this is advisable under certain circumstances.

Logos are also protected by copyright, but it is important to ensure that you own the intellectual property in the logo which you may not if it was created by a third party without adequate wording in the associated contract.

If you require advice about intellectual property, please get in touch with Robert for a free initial consultation on 0800 085 9966, or email [email protected].