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In any business, branding is really important — especially if your business has been in the game for quite some time. The last thing you want is a competitor using your brand name that you’ve worked very hard to build.
Often, the first step in making sure your brand is protected is by applying for a trade mark.
In some cases, your application might have difficulties because there is already a registered trade mark similar to yours.
At first, this can be very frustrating. Especially if you’ve been using that brand for many years.
If this is the case, there is a way for you to challenge this adverse outcome. We do this through preparing what’s called an Evidence of Use Report.
What Is Evidence Of Use?
Preparing an Evidence of Use Report means putting together evidence to prove that you have been using that trade mark already, and have built a brand around it, for many years prior to the other trade mark’s registration.
However, preparing this report can involve a lot of work.
First, you’ll have to collect a significant amount of evidence to demonstrate that your trade mark has been recognised by consumers as an indicator of your business.
And, on top of that, you’ll need a lawyer to prepare submissions to support this evidence.
What Happens If I’m Successful?
If all goes well and UK IPO accepts your report, your trade mark can successfully co-exist with the other trade mark.
However, this entire process can be quite costly and a bit of a headache. And, if you’re unsuccessful, you’ll have to re-brand your business entirely.
To avoid this risk, it’s always a good idea to think about trade marks as early as possible. This is why we recommend that businesses apply for a trade mark as soon as they can, before it’s too late.
Need Help?
If you need help putting together an Evidence of Use Report, or want to speak to a lawyer about your options, let’s chat!
You can reach us at [email protected] for a free, no-obligations chat about your situation.
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