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.
Questions about this
What could SpudBros have done differently in The Spud Father dispute?
SpudBros did the right thing by registering its trademark, but it appears not to have spotted the new entrant until the application appeared on the IPO register months later. Monthly monitoring across its platforms could have flagged The Spud Father much earlier, giving SpudBros the chance to explain its rights before the other business became heavily invested and before the matter became a public dispute.
Answered by Jonathan Paton, Founder & CEOWhere is it worth monitoring a trademark beyond the register?
Monitoring the trademark register is the bare minimum. It is worth also watching search engines, social media such as TikTok, Facebook, Instagram and LinkedIn, marketplaces such as Amazon, Etsy, TikTok Shop and eBay, and Companies House. A business planning to expand abroad, but not yet ready for international applications, can also benefit from keeping an eye on those territories so it knows what it may face later.
Answered by Jonathan Paton, Founder & CEOWhy is preventing a trademark conflict cheaper than enforcing one?
Regular checks and early advice cost far less than legal action and unwanted headlines. Spotting a conflicting name early allows an owner to make contact before the other business has invested heavily, whereas trying to stop an established business always attracts attention, and not always the kind wanted. Prevention protects the brand, the owner’s reputation and often other honest traders who did not realise they were infringing.
Answered by Jonathan Paton, Founder & CEO
