Protecting Your Brand: Insights and Tips to Keep Your Business Safe

Your brand is one of your most valuable assets. It’s what makes you stand out from the competition and builds trust with your customers. But without the right protection, your brand could be at risk of imitation, infringement, or even legal disputes that could cost your business thousands.

In this blog, we’ll explore the key differences between trademarks, copyright, and registered designs, share some eye-opening statistics, and look at real-world legal cases that highlight the importance of brand protection.

Trade Mark, Copyright, and Registered Design: What’s the Difference?

Trade Mark – Protects brand names, logos, slogans, and distinctive features that identify goods or services. It ensures that only your business can use these elements in your industry. You can register a trade mark with the UK Intellectual Property Office (UKIPO) or internationally through the EUIPO and WIPO.
Copyright – Automatically protects original works of authorship, such as written content, music, films, software, and artistic works. Unlike trademarks, you don’t have to register copyright, but proving ownership is easier if you do.
Registered Design – Protects the appearance of a product, including its shape, pattern, or decoration. This is ideal for businesses that invest in unique product designs and want to stop others from copying them.

Why Brand Protection Matters

According to the UK Intellectual Property Office, trade mark disputes have increased by 34% in the past five years, with small businesses particularly vulnerable. A lack of protection can lead to costly legal battles, brand confusion, and loss of market position.

A survey by the Federation of Small Businesses found that one in five UK businesses have experienced some form of intellectual property (IP) infringement, with legal costs averaging £30,000 per case.

Case Study: Lord of the Bins vs. The Saul Zaentz Company

A recent example of trade mark disputes is the case of Lord of the Bins vs. The Saul Zaentz Company, the rights holders of “The Lord of the Rings” franchise. The small Brighton based waste collection company, Lord of the Bins, received a cease-and-desist letter demanding that they change their name, and company slogan ‘One ring to remove it all’, due to alleged trade mark infringement. Despite being in a completely different industry, the larger company argued that the name could cause confusion and damage their brand.

This case highlights the importance of conducting thorough trade mark searches before choosing a business name, as well as the risks of using names that resemble well-known brands, even in unrelated industries. Renaming and rebranding their small business was not a cost or time cost that they wanted to spend. It does and happen, no matter how big or small your business is!

Quick Checks TPSquared Takes When Shaping a Brand

At TPSquared, we take several key steps when shaping a brand to ensure its uniqueness and availability:

Domain Availability Check – For new startups and rebrands that include a change of company name, we check domain availability (both .co.uk and .com). This is a strong indication of whether a company already exists.
Google Image Search – We drop logo concepts into Google Image Search to see if any similar designs appear, reducing the risk of unintentional duplication.

These quick checks help set a strong foundation for a distinctive and legally secure brand identity.

Tips for Protecting Your Brand

Conduct a Trade Mark Search – Before choosing a brand name, check trade mark databases to ensure it’s not already registered.
Register Your Trade Mark – If you have a unique brand name, logo, or slogan, register it to prevent others from using it.
Monitor for Infringement – Keep an eye on competitors and online marketplaces for unauthorised use of your brand.
Use Legal Agreements – Contracts with designers, employees, and partners should clarify who owns your IP.
Act Quickly on Infringement – If you spot an infringement, seek legal advice promptly to prevent further damage.

Final Thoughts

Investing in brand protection isn’t just for big corporations – it’s crucial for businesses of all shapes and sizes. By understanding trade marks, copyright, and registered designs, and taking proactive steps to secure your brand, you can safeguard your business against costly legal battles and brand dilution.

If you need advice on branding and design, TPSquared is here to help.

Book a free call with our Managing Director, Carolyn Smith here to find out more about how we can ensure your brand stands strong and protected.