IMPORTANT – Lessons from SpudBros vs The Spud Father – Part 2

Prevention Is Better Than Cure 

Registering a trademark is only the first step. The second, often forgotten and probably more important for you (the trademark owner) and people who may accidentally infringe upon your trademark is actively monitoring it. 

SpudBros acted correctly in registering the Spudfather Trademark, but it looks they did not spot the new entrant until the application appeared on the IPO register months later.  

Our Thoughts 

In the modern day, just monitoring the trademark register is the absolute bare minimum, you should most certainly be monitoring everywhere that your brand lives, which includes:

– Search Engines
– Social Media (TikTok, Facebook, Instagram, Linkedin etc.)
– Marketplaces (Amazon, Etsy, TikTok Shop, Ebay etc.)
– Companies House 

And here’s the thing, you may only be in the UK now, but if you plan to move to other jurisdictions but don’t feel ready to invest into International Applications, wouldn’t you like to keep an eye on those areas too? 

It could have been different

Had SpudBros been monitoring their trademark across all their platforms each month, they could have spotted The Spud Father and reached out early, explained their rights, maybe preventing The Spud Father from becoming so invested in a Trademark that they didn’t have the rights to and avoided a public dispute. So whether you manage active monitoring yourself or ask a professional to do it, consistency matters.  

Trying to stop an established business always attracts attention, and not always the kind you want. Trying to prevent the issue in the first place protects your brand, your reputation and, in cases like this, other honest traders. 

After 18 years of working with Trademark Owners, one thing we can say with absolute certainty is that prevention is better than cure. Regular checks and early advice cost far less than legal action and unwanted headlines. 

To learn more about our active monitoring services ask about a free demo by emailing enquiries@thetrademarkhelpline.com or why not Book and Appointment with one of our team today. 

Written by

Jonathan Paton

Jonathan founded The Trademark Helpline in 2008. He was running a web marketing business at the time and watched SME clients being pressured by larger organisations into surrendering their domains over trademark claims. Unable to find expert help within their budgets, he researched and defended the cases himself, then registered their trademarks. Uptake among his own clients was high enough that he handed the marketing business to his business partner and never went back. He came to it from financial services, having founded his first company in 2004 and sold it in 2007, and he still advises financial advisers and solicitors on corporate structuring, tax reliefs, succession and estate planning. At TMH his focus is making trademark protection affordable at every budget, across more than 4,000 UK filings. His view is that a trademark is not a cost and not insurance. It is an asset that can make a business money and save it money, and one that has to be watched and enforced to be worth anything. He compares it to a driving licence: having one is not the point if you never look where you are going, and there is no sense paying for one if you do not intend to drive. Jonathan is an ADHD CEO, diagnosed and medicated. He works fast and hyperfocuses, and says himself that he finds multitasking harder than most people do. What drives him is fairness, which he finds difficult to ignore when anyone is on the wrong end of it, himself included, and a dislike of waste. If he thinks you are missing a way to save or make money, he will tell you.

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