The pumpkins are still out from Halloween, the days are short and our trips to stare into the fridge hopefully are becoming more regular than they once were during the summer.

The next six months will be interesting for all of us and our families. It will be challenging for our own livelihoods, the communities we live in and the businesses we support.

However, as a country, we have never been shy of a challenge.

The pandemic has been a loud wake up call. We have all had to embrace new ways of life.  The days of rocking up to the office after a train commute for a quick filter coffee over emails and a catch up with colleagues are behind us for the time being.

Ties simply collect dust now, like shady characters out of Tie Story 2 (the 2020 sequel to the lesser-known 90s Tie Story). Abandoned staplers stare into the abyss of airtight air-conditioned spaces contemplating when (and if) they will ever be refilled.

Forced change can give rise to new opportunities. During the pandemic, individuals and businesses have had to start afresh and re-imagine themselves in response to a very different business and social landscape. Facing furlough and insolvency forces us to adapt. I have witnessed this with clients I have worked with. Businesses are popping up online and on our high streets to fill gaps in the new marketplace.

Some businesses have taken this opportunity to be bold with their branding. Below I have listed a few tips for businesses when establishing their brands.

Dan’s branding tips

    1. Homework is key. Make sure the name you have for your business does not already exist. This can be a timely exercise, but it is worth spending time to check well known search engines, Companies House and website domain registries for identical or similarly named businesses. If one already exists and operates in the same trade or service, you may need to go back to the drawing board.
    2. Likewise, when you develop your logo check what is already being used in the marketplace.
    3. When you commission creative agencies to design your logo ensure you will actually own the Intellectual Property rights in the logo once you have paid them. The starting point is you will not own the rights.
    4. Ensure you actually own the website you are spending thousands of pounds on. Often the domain name and the content could be owned by the website designer you pay to create it. When you part ways with the website designer, or decide to sell your business, it’s best you can evidence you actually own it all. Similar issues can arise with your social media platforms.
    5. Consider obtaining a Trade Mark for your business’ name and logo when the time is right. A registered Trade Mark that is effectively used and enforced against competition can be a very valuable asset.
    6. If in doubt ask a lawyer for help early on to avoid complications or significant disputes further down the line. But I would say that wouldn’t I.

If you have any Intellectual Property queries, please feel free to contact me or a member of our Intellectual Property Team.

We can assist with :-

Daniel Crate

Associate Solicitor

rhw Solicitors LLP

(01483 540 531,