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aRMadillo Brand Management’s trade mark service is helping to prevent businesses from enduring lengthy legal battles by helping them register their brand as a trade mark as early as possible, if only brand consultancy Dave Soho Limited had done this before a TV channel launched with the same name.
The TV channel owned by UKTV tried to register ‘Dave’ as a European trademark but the application was in the main part refused when the brand consultancy that was formed 4 years previously, opposed the application in order to protect the use of its company name. The consultancy brought in the arguement of ‘passing off’ which is both difficult and expensive to prove whereas ‘infringement’ is easier and clear cut. The broadcaster could now be forced to change its name and completely rebrand as a TV Channel. However as the brand consultancy did not register their name as a trademark they could now be locked into a lengthy legal battle with the TV channel who could appeal the decision.
Manny Cohen, Chairman of aRMadillo Brand Management said: “We have seen lots of cases like this that could have been avoided if the initial company had registered their mark from the start. Our in-house trade mark professionals assist clients with every stage of the brand management process saving them not only money but also time. If an entrepreneur has an idea, they need to ensure that the brand and product is protected to avoid others from profiting from their hard work!! We encourage all new companies registered to think about trademarks straight away as early filing of a brand deters competitors from adopting the same or closely similar marks. Registering also grants a statutory monopoly in the mark. Even if a competitor comes to the idea totally independently at a later date, the owner of the trademark has the right to take action for infringement rather than try and prove ‘passing off’ when another party uses the same or confusingly similar brand relating to the same or similar goods/services to those covered by a registration.”
Registered trademarks are transferable property rights which can also add value to a balance sheet and can substantially contribute to the success of a business. It is a strong marketing tool that attracts customers. The registration can also be obtained up to 5 years before the brand is used, giving owners security of mind. aRMadillo Brand Management also has a name watching service that ensures that others don’t benefit from the owners hard work and creative ideas.
