Q. I left my job in marketing three years ago to have a shot at producing a sports drink with a colleague. We worked all hours and the business is going really well so far, but we have already seen one feeble attempt to copy us. We have a distinctive name and image but did not register ourselves as a trademark at the start. Can we battle through as we are? How can we strengthen our position?
A.The easiest way to stop people from ripping off your burgeoning reputation is to have your distinctive name and image protected by a registered trademark. This should stop others in the same line of business from using your trade marks or anything which might be deemed confusingly similar.
Registration is relatively simple. First, you need to establish that you are free to use your trademarks by searching those already registered. You can do this yourself, but trademark attorneys can help you with this. They can also apply to register the trademarks on your behalf. Costs vary, but for a straightforward application in up to three classes in the UK you’d be looking at well under £1,000 and end up with something that represents a valuable asset.
The alternative is to rely on common law rights to prevent what is known as passing off. This relies on you proving you have a reputation which the alleged infringer has damaged. However, this can be very time consuming, uncertain, and costly. Unless you have made a huge impact on the sports drinks market in three years it would be difficult for you to demonstrate that you have built up a strong enough reputation to win.
Clearly, the best solution is to register your trademarks. To find a trademark attorney who is fully qualified to help you, visit the Institute of Trade Mark Attorneys (ITMA) website at www.itma.org.uk.