For many small business owners, a trademark is not just a box to tick. It is the foundation of everything they have worked to build. But for Rebecca Dowdeswell, founder of nkd in Leicester, protecting that foundation has come with a heavy price. More than thirty thousand pounds in legal fees and still no resolution in sight.
Rebecca’s story is one of grit, ambition and the kind of frustration that only a broken system can create.
The Fight to Register nkd
Rebecca has spent years building nkd, a specialist salon brand known for its expert treatments and growing reputation. In 2022, she applied to register nkd as a trademark. A logical next step for any founder looking to expand and protect what they have created.
But her application was opposed by L’Oréal, one of the largest cosmetics companies in the world. Their argument is that nkd is too similar to NAKED, a product line they already own.
Rebecca firmly disagrees.
To her, the brands are completely different in look, sound, purpose and market. But that disagreement has now turned into a legal stalemate.
A tribunal hearing was finally scheduled for this year. It was supposed to bring clarity. Instead, Rebecca was told just weeks before the hearing that the case was being postponed.
The reason? A growing backlog at the UK Intellectual Property Office.
A System Struggling Under the Weight of Brexit
When the UK left the European Union, over one million EU trademarks were copied into the UK register overnight. That single move created a tidal wave of administrative pressure. Now, even cases with no connection to Brexit like Rebecca’s are being delayed.
According to the IPO, the spike in tribunal hearings is temporary. But for applicants stuck in limbo, there is nothing temporary about the uncertainty. It drags on for months. Sometimes years. And when a small business is up against a global giant, the imbalance is hard to ignore.
This backlog is not just a post-Brexit hangover. It is also part of a wider trend. The volume of applications has been increasing steadily in recent years as more businesses look to protect their intellectual property. If you are wondering why that is happening, it is worth exploring why trademark applications are going up year after year.
Rebecca’s hearing delay is just one example of how the system is falling behind. And while the IPO’s workload may explain the issue, it does not make it any easier for those footing the bill.
The True Cost of Delays
While legal fees are the most obvious cost, they are not the only one. Rebecca has had to pause the growth of her business. Product launches have been shelved. Strategic decisions have been put on hold. She cannot afford to invest in brand expansion when her trademark status remains uncertain.
Every month of delay is a missed opportunity. Every postponement is another blow to momentum. And all the while, legal costs continue to rise.
This is not just frustrating. It is exhausting. And for small business owners like Rebecca, who wear multiple hats every day, it can feel like an impossible fight.
What Every Founder Can Learn From This
If you are thinking about protecting your brand with a trademark, Rebecca’s story should be a wake-up call.
Start early
The sooner you apply, the more time you have to navigate objections and delays. Waiting until you are ready to launch could put everything on hold.
Prepare for opposition
Even if your brand feels unique, someone might object. Planning for that possibility, both emotionally and financially, will help you stay resilient if it happens.
Seek expert advice
A trademark specialist can help you avoid the common pitfalls. They can also support you if opposition comes your way, helping you stay focused on running your business.
Understand the system’s limits
The IPO plays a vital role, but it is not immune to pressure. Knowing how slow the process can be allows you to set realistic expectations and plan accordingly.
Supporting Business Owners Through Uncertainty
At The Trademark Helpline, we support founders through every stage of the trademark journey. From conducting availability checks to guiding you through oppositions, we make sure you are not facing the process alone.
Rebecca’s story is a powerful reminder that trademark protection is more than paperwork. It is about defending your identity, your investment and your future.
If you are looking for clarity, confidence and peace of mind, we are ready to help.
Make sure your brand works for you, not against you.
Questions about this
Why has the nkd trademark application been held up?
Rebecca Dowdeswell applied to register nkd for her Leicester salon brand in 2022, and L’Oréal opposed it, arguing it was too similar to its NAKED product line. She disagrees, seeing the brands as different in look, sound, purpose and market. A tribunal hearing was scheduled, then postponed weeks beforehand because of a backlog at the UK Intellectual Property Office, after more than £30,000 in legal fees.
Answered by Jonathan Paton, Founder & CEOWhy are UK trademark tribunal hearings being delayed?
When the UK left the EU, over one million EU trademarks were copied onto the UK register overnight, creating heavy administrative pressure at the UK Intellectual Property Office. Steadily rising application volumes have added to the load. The IPO has said the spike in tribunal hearings is temporary, but cases with no Brexit connection are still being postponed, which can leave applicants uncertain for months or even years.
Answered by Jonathan Paton, Founder & CEOHow can a small business prepare for a trademark opposition?
Start early, because the sooner an application is filed, the more time there is to deal with objections and delays before launch plans depend on it. It also helps to plan, emotionally and financially, for the possibility of opposition even when a brand feels unique, and to take specialist advice before filing. An opposition does not mean the application will fail, and the size of the opponent is not the strength of their case.
Answered by Jonathan Paton, Founder & CEO
