New Year’s Resolutions: Reviewing Your Trademark Portfolio

As we welcome the new year, it is the perfect time to reflect on the past and make resolutions for the future. For businesses, this period offers an excellent opportunity to review and enhance their trade mark portfolio, ensuring they are positioned for success over the next 12 months.

Taking a good look at your trade mark portfolio can help you to identify any potential gaps that could end up putting your intellectual property at risk. This means checking the status of your trade marks to make sure they’re protected in the relevant jurisdictions. Are you confident your portfolio is ready to shine in 2025? Here are some things to think about.

New Projects and Potential Challenges

The dawn of a new year often brings exciting new projects, products, and ventures. It also serves as a chance to learn from past mistakes, take stock of your portfolio and set yourself up for a year of success. One of the most frustrating experiences for a business is investing time and resources into a brand, only to discover that it cannot be used.

Too often, new companies adopt a brand name or trade mark without ensuring that appropriate protection measures have been taken from the outset. While it is possible for a company to search the Trade Mark Registers for identical or similar trade marks and goods/services, the scope of IP rights infringement is much broader.

For instance, third parties may take action based on the reputation of their mark or even on unregistered trade marks if they believe it impacts their business. Facing such challenges from third parties with established trade mark rights can result in aggressive cease-and-desist letters, forcing the company to abandon the use of the name and lose both time and money. Not an ideal start to the year!

Future Business Plans

Another common oversight is failing to consider future business plans, whether expanding the scope of the protected goods/services or venturing into international markets. Comprehensive trade mark searches are crucial to ensure there are no conflicts in other jurisdictions that could hinder further protection.

While your brand’s trade mark protection may seem solid in the UK, it might not be as secure in other countries. It’s important to know the extent of your brand’s growth to avoid any potential issues.

Case Study: Apple vs. Apple Corps

A famous example of public IP infringement is the trade mark for the word “apple.” Does it belong to The Beatles or Apple Inc.?

The Beatles initially took the name Apple for their music company, Apple Corps, but eight years later, Steve Jobs introduced Apple Computer (now Apple Inc.). These two corporations have had multiple legal battles over the years, resulting in Apple Inc. paying Apple Corps a settlement and agreeing not to venture into the music business. However, with the creation of Apple iTunes, legal disputes flared up again, ultimately leading to Apple Inc. purchasing Apple Corps’ trade mark rights and licensing them back to the music company.

This case shows how important it is to thoroughly check and protect your trade marks to avoid expensive disputes and setbacks. As businesses kick off new projects in 2025 and expand into international markets, it’s crucial to secure all intellectual property rights and avoid conflicts. By learning from these high-profile cases, companies can be better prepared for potential challenges and effectively safeguard their brand reputation.

Our Recommendations

With all this in mind, as we begin the year, we strongly advise our clients to:

  • Review their trade mark protection, as the IP landscape is continuously evolving.
  • Seek professional guidance on full clearance searches when preparing to launch a brand, product or service.
  • Ensure you have the best possible protection for your IP rights.

By making these resolutions, companies can safeguard their brand, avoid costly legal battles, and position themselves for success in 2025.

How can Pure Ideas Help?

At Pure Ideas, we specialise in providing comprehensive intellectual property legal support to help our clients navigate the complex landscape of trade mark protection. As we enter 2025 our dedicated team of experts are ready to offer tailored services to ensure that your brand is well-protected and positioned for long-term success.

Are you launching a brand, product or service that you’d like to patent this year? You can give us a call or email to organise an appointment at our head office to find out how Pure Ideas can help.