My neighbour reminded me of something the other day that, if I’m honest, I’d completely forgotten. That moment when a design trademark can be almost as powerful as a patent.
Now, patents, if you don’t already know, are incredibly powerful business assets. They protect inventions and technical innovations, but they come with a catch. They are expensive, they take years to secure, and they are incredibly complex. Worth it? Often, yes. But for many businesses, they are simply out of reach.
That is where this story comes in.
My neighbour designed a picture frame. Nothing high tech, nothing revolutionary, just a simple, clever design for a small frame you could place on a desk or hang on a wall. I will not share the exact details because they are not a client of ours and I have not asked for their permission, but the key point is that the shape was unique.
And here is where they showed a bit of genius. They registered the design as a UK trademark. Not a patent. Not an expensive international filing. Just a UK design mark. Something that costs less than a decent dinner out but can punch well above its weight when it matters.
After gaining some traction with their sales, a European company got in touch. They asked about wholesale prices and seemed keen. But then, nothing. No deal signed. No agreement in place. And a few months later, a product, suspiciously similar, showed up for sale in their local H&M.
Now, most people would throw their hands in the air and say, “Well, what can you do?” But they did not. They took legal advice. And here is what happened.
Two big wins:
- The UK design trademark was enforceable.
- Even though they did not have an EU trademark, which costs a lot more, they were still able to argue UK coverage and enforce their rights in this case.
The result? They are now receiving regular royalty payments from the EU company for use of their design.
Let me be absolutely clear. We are not saying trademarks are better than patents. They serve completely different purposes. We would not advise you either way on whether you should or could apply for a patent. That is strictly the domain of patent attorneys, and rightly so. They are highly qualified, highly specialised, and the work they do sits far outside the remit of trademark advisors like us.
That said, in many situations, particularly in the world of design, branding or certain types of tech, a trademark might be the only option available. You cannot patent an idea or a shape that does not meet very strict criteria. But you can, sometimes, protect the visual appearance or the brand identity around it. And for many businesses, that is enough to put a legal barrier in place and protect what they have built.
Hint
Do what you can afford within your budget. Something is almost always better than nothing when it comes to intellectual property.
Tip
Do not wear blinkers. There is more to trademark law than just words, logos and taglines. Explore design marks, and even sound marks, when they suit what you have created.
Tale
This whole situation is such a powerful reminder. You do not always need the biggest budget or the most complex legal tools to protect your work. Sometimes, just doing what you can do is enough to get the result you want.
It is stories like this that stick with me because they show that the system can work for everyday people, and that smart, affordable decisions made early on can pay off in ways you never expected.
If you have got something you think is worth protecting, do not wait for it to get copied. You do not need to break the bank. You just need to take the first step.
