Your trade mark or brand name is a vital business asset, which distinguishes your product or service from those of your competitors. The significance of adequate intellectual property protection is perhaps more apparent in the food and beverage industry than can be observed in any other. There is a multitude of cases in which businesses fail to consider the possibility that expensive litigation or rebranding may arise as a realistic consequence of a company insufficiently seeking to protect their legal rights by filing a trade mark or design application at the outset of their business venture.
It is not an understatement to suggest that 2020 has highlighted the fundamental importance of technology in modern society. Even prior to the COVID-19 outbreak, the internet has undoubtedly become the key element in the marketing, supply and sales of successful businesses today. Factor in the global pandemic, and it has never been more apparent that companies adequately placed to deliver goods and services directly to our homes will fare infinitely better than those who continue to rely on the passing trade of high street shoppers. However, have online service providers failed to consider the unfortunate reality of trade mark infringement? The online theft of the intellectual property of businesses has never been simpler, as evidenced by the number of cheap, low quality counterfeits which are so readily available online. This causes not only a significant loss of sales, but damage to the very brand itself and should not be addressed in hindsight only after infringement issues have arisen.
What are the consequences of failing to register for your brand or trade mark? Throughout the journey of setting up and running a business you will have to decide – do I file for a trade mark and, if so, when should I file?
Many might assume that it’s not essential, that trade mark registration is only for the big brands and that, if something was to happen down the line, I’ll be protected in other ways. Right? Well, as has been seen over the years, this is rarely the case.

