Registering a trade mark in the UK is relatively straight forward, but there can be a few hurdles for the unwary.
So, in this article, I’m going to share some tips to ensure your application progresses as smoothly as possible.
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All posts by David Walker
Clients often ask whether they “need” to trade mark their brand. However, there’s usually a different question that they really want to know the answer to.
The question (or questions) they really want answered are:
“Is it worth spending my time, effort and money registering a trade mark? If I do, what are the benefits to my business and if I don’t, what are the risks?”
So, in this article, I’m going to try to answer these questions for you.
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This dispute hit the headlines back in 2018 and is a classic example of a situation I have come across many times – a start up business using similar branding to a famous competitor and then being threatened with trade mark infringement.
The start-up feels like they’re being bullied into a rebrand and the famous brand feels the backlash and negative PR from being accused of throwing their weight around.
So, who’s in the right and who’s in the wrong and what lessons can be learnt from a situation like this?
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This was a great example of how, with a little bit of knowledge, a small business can stand up for their rights and not be bullied into rebranding.
In this case study, I’m going to explain how Supermac’s achieved this against the might of McDonald’s and how the fast food giant ended up losing one of their “Big Mac” trade marks in the process.
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There’s no doubt that registering a trade mark is the best way to protect your brand and yet a surprising number of entrepreneurs and business owners don’t do it.
But why?
Often, it’s a timing issue. They know that protecting their brand is important but they don’t get around to it because they believe the risks of infringement are low. However, as I explained in my Trade Mark Essentials article, the risks are now much higher than they used to be.
And, they’re growing.
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Registering a trade mark is the best way to protect your brand. But, you can’t just make an application and then forget about it. If you do, you could lose the protection that your trade mark gives. So, in this article, I’m going to explain how this can happen and how you can avoid this happening to you.
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What is a trade mark and what do they do?
A trade mark is a legal right that protects your brand. It’s one of a range of intellectual property rights along with patents, copyright and registered designs.
Often, people use the names of the different intellectual property rights interchangeably. For example, sometimes they will say that they want to copyright their logo or patent their business name, and whilst this isn’t actually correct, generally we know what they mean.
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There are three decisions entrepreneurs need to make before starting a prize competition. If they don’t make the right decisions, they can end up losing money, wasting time and breaking the law.
If you’re reading this article, you’re probably thinking about starting a new business. This may be something you have always dreamed of doing, or it may be that recent events have shown that being employed isn’t as safe and secure as you once thought.
However, as much as starting a new business is something you would love to do, you may be worried about the timing.
You may be asking yourself, “Is now a good time to start a business or should I wait until the economy picks up?” Read More
You may be wondering why I’m writing this article. After all, I’m a solicitor, not an accountant. Well, in my opinion, preparing a cash flow forecast is not a task for your accountant, it’s a task for you. Being able to prepare a cash flow forecast is an essential skill that every business owner should have.
What is a cash flow forecast and why is it so important?
As the name suggests, a cash flow forecast is a spreadsheet on which you forecast the amount of cash flowing through your business. You’re predicting what money is coming in, what’s going out and when this is happening. Read More
