Protecting UK Trade Marks in a Competitive Landscape
In the digital age, where ideas and innovations are shared rapidly, intellectual property has isa vital asset for businesses. In this article we focus on trade marks and the critical role that trade mark registration plays in protecting your business’s core brand.
What is a Trade Mark?
Examples of trade marks can be in the form of logos, brand names, and other unique symbols that distinguish your goods or services from any other brand and especially from your competitors. A trade mark can be described as a symbol or “badge” that customers recognise your products, services or brand name in the marketplace. Think of the Nike wording and tick, Christian Louboutin’s red sole shoes, the Tiffany & Co words, its signature blue colour and special blue boxes, these are all registered trade marks protected in the UK and which have built up exceptional goodwill attached to their brand.
Why Register a Trade Mark?
Applying to register your valuable branding in the form of a trade mark grants you exclusive rights to use that mark for the goods or services it covers, provided registration is granted. In the UK, which operates a “first to file” system for trade marks, the date of protection starts from your application date. Therefore, it’s essential to apply for your trade mark as early as possible.
A successful registration provides statutory protection, allowing you to enforce your rights if a third party infringes upon your brand. Additionally, it can serve as a deterrent to prevent others attempting to use or mimic your branding.
Without registration, an unregistered trade mark may only be protected under the common law of “passing off.” Unlike statutory protection, passing off requires proof of the trade mark’s established reputation and confusion among consumers, which can be challenging and expensive to prove.
For example, in the case of Thatchers Cider Company Limited v Aldi Stores Limited [2025] EWCA Civ 5, the Court of Appeal of England and Wales held Aldi liable for trade mark infringement. Thatchers’ position was stronger due to having their packaging labels registered. Without this protection, the outcome could have been quite different, potentially detrimental to Thatchers, had they relied solely on a word or logo trade mark and/or passing off.
Thus, UK trade mark registration is vital for protecting your brand’s name, product packaging/labels, logo, and the associated goodwill and reputation of your business.
Selling Your Business
A registered trade mark provides strong brand recognition, making it a valuable asset if you plan to sell your business or may wish to in future. Registering your brand’s name, product packaging/labels, and/or logo can serve to enhance your asset portfolio and appeal to potential buyers.
Licensing Your Trade Mark
If you wish to retain ownership of some or all of your trade marks but allow third parties to use them, you can licence your trade mark through a trade mark licensing agreement. Such an agreement outlines the terms of use, duration, and fees charged to the third party. If you your marks are registered this makes this a much safer and smooth process.
Sponsorship Agreements
If you wish to sponsor an event using your company name or trade mark, you retain ownership while controlling how your brand is used through a sponsorship agreement. This ensures the protection of your brand and its reputation. Again, where you have made trade mark registrations this further strengthens this process, making it smoother and more secure.
At Hansells, our Commercial Team can assist with any of the above and review your brand and intellectual property portfolio, offer advice, and recommend the best strategies to protect your business’s brand.
