Brand protection

Somebody is out there selling products using the same name as us but apparently they now have a logo which looks identical to ours. I am protective of my brand, which we invested in having designed professionally, and want to protect it for future growth and marketing. What can I do? If someone is using your name and logo they may be ‘passing off’ this means trying to pass off their business as yours. This may be breaking the law and you may also need legal advice. In my experience you will need evidence of

• when they started using the name and logo
• who had it first
• do you have records etc
• If this has damaged your business or reputation
• If they are trying to position themselves as your well established company

Personally I would find a solicitor with experience in Intellectual Property. There is an Intellectual Property Lawyers Association (IPLA) where you can search for a member. The UK’s Patent Office had been re-branded as the UK Intellectual Property Office and their website is a good place to start for general advice.

Labels: brand protection, IP, UK Intellectual Property Office