What's in a name or a logo? Consider this when setting up business in the UK…

Bringing a brand to a new market presents some unique challenges.

Having a trusted advisor will give you a competitive edge, leaving you free to locate the right premises, the right staff and deal with all other aspects of setting up your new business in the UK. Below we have given you some suggestions of what to think about when you are bringing your brand to the UK.

1. Are you going to use any trading names, word marks, logos or slogans in the UK?
2. Are these trade marks that you use in your home country or any other country? Do you have any existing registrations for them which would cover the UK?
3. Are these trade marks free for you to use in the UK? In other words, are there any similar trade marks in existence in the UK whether registered or unregistered?
   • Do you intend to use trade marks in the UK on behalf of (or with) a partner in the UK? If so:
   • Do you have all the permissions in place to use a partner's branding?
   • Are the partner's trade marks free to use in the UK?
   • Are you intending to co-brand with a partner?
   • Have you identified who will own the co-branded IP?
   • Do you have clear agreements in place for all of this?
4. Have you thought of the advantages of trade mark registration? Is the brand registrable for the business activities you intend to undertake?
5. Is the brand available for registration?
6. Have you assessed the benefits of a registration compared to unregistered rights?
7. Are you investing in an ongoing business? If so:
   • Have you checked that the brands of the business are free from any ongoing issues?
   • Does the entity that you are investing in own the relevant trade marks?
   • Are these being used to challenge anyone else?
   • Is there any security interest registered against these rights?
   • Are there any agreements as to limitations to the use of these rights?
8. Who are your competitors?
9. What is your immediate and mid-term strategy for establishing and growing your UK business?

If any of these questions raise concerns get in touch with us. It is useful to get an early opinion on these issues so that you can identify any potential areas to focus on, take steps to assess risks and options and make any necessary trade mark applications, clearing the path to take your business forward.

Contact Robert Lands for more information on how we can help.