Brand Protection

Over the last few years Brighton has emerged as a business hub for creativity and innovation, providing a wealth of opportunities for new and existing businesses to grow.

With two universities producing a high calibre creative workforce and the attraction of a more relaxed way of life compared to the City attracting some of the most creative and innovative people to Brighton, it is hardly surprising that Brighton has been referred to as ‘silicon beach’.

 However, with this increase in start-up companies and innovation comes competition. It is therefore essential that businesses can be recognised and appreciated within their respective markets. One way businesses do this is through brand awareness and the use of intellectual property rights. As an example, creating and using a trade mark is a good way to distinguish a business in a marketplace, as is creating innovative content for apps, websites, blogs etc. When these tools, and others, are put to good use a degree of goodwill attaches to the brand, and in such a competitive environment it is essential that brands are protected.

If a business has intellectual property rights (copyright, trade mark, design etc) then this potentially makes brand protection more straightforward than if no intellectual property rights have been ascertained. However, that said, it is possible to protect a brand in circumstances where the intellectual property rights may not appear obvious, for example, through passing off. Passing off is where a brand has generated a degree of goodwill and/or reputation in a mark or other brand related tool and this is wrongly being used by unauthorised persons and applied to similar goods or services to those being offered by the holder of the goodwill/reputation.

Protecting a brand and taking decisive action is crucial to keeping a business distinctive in the marketplace. If protection or enforcement action is ignored then this could result in any mark generating goodwill to become diluted and could result in a loss of the right to enforce and continue to protect a mark in the future. In extreme circumstances all rights could be lost.

At Howlett Clarke we can offer brand protection services from providing initial advice through to litigating matters and taking the appropriate action through the Courts. For an initial no obligation discussion about how we can assist you and your business please do not hesitate to call us on 01273 327272.