Latest insights from our experts

Jill Headford

Posted 23 February 2015
by Jill Headford

A BIG business name mistake

One of the costliest yet most common mistakes we encounter are business owners investing emotionally and financially in a name for their new business or product without first checking that they can register it as a trade mark.

We regularly receive enquiries from businesses which are becoming successful only to see that a competitor has set up with a similar name and is taking their hard earned customers.  How would you feel if you typed in your business name into a search engine to discover a competitor with the same name offering the same product?

Sadly by then it is usually too late to do anything about it.

The name might have already been registered as a trade mark by someone else, in which case using it might invite costly infringement proceedings against you.   It’s fair to assume that if you think your new business or product name is great, someone else may do too.  A search of the trade mark register and some time spent considering whether it is a name which is capable of registration will tell you whether you are wasting your time. Registering a trade mark only takes a couple of weeks and is not expensive.

For advice on how to protect your business with a trade mark speak to our specialist IP department.

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About the author

Jill Headford

Jill Headford

Partner

A partner in the firm since 1994 and an experienced Court and Tribunal advocate, Jill specialises in resolving disputes and is a member of the Property Litigation Association