If you’ve watched TikTok recently, you’ll have seen a massive dispute between SpudBros and The Spud Father, which has blown up social media feeds and gained headlines across the food industry. But beneath the viral posts, there are important lessons for every small business about research, UK trademark registration, and responsibility.
What we know has happened
In June 2025, SpudBros filed a trademark application for The Spud Father. That application was examined and formally registered in September 2025. Also in September, The Spud Father brand filed its own application for a near-identical name.
What we think may have happened
When The Spud Father filed their application, the UK Intellectual Property Office would have automatically notified SpudBros, giving them the opportunity to oppose the later application, which they did.
What Spudfather said and what Spudbros confirmed
Spudfather said that they have received legal action from SpudBros, causing a huge social media backlash against SpudBros. Spudbros confirmed they did send a letter from their solicitors making Spudfather aware that their social media handle and trademark application would infringe on their existing mark.
This has brought the two businesses into direct conflict. SpudBros claim the name The Spud Father had already appeared on their menus and merchandise, however since they have only just registered the trademark, prior rights doesn’t really need to be argued. The Spud Father say they had built their own business and community around the same name. Both appear to have used the mark in good faith, but one company registered it first.
Our Thoughts
Brand confusion is not a minor issue in the food and drink sector. Where allergens and public-health risks exist, confusion between two products could have serious consequences. Trademarks exist to prevent that confusion and to protect both consumers and brand owners.
In this case, SpudBros hold a registered right. They are legally entitled to protect it and to stop others using the same or a similar mark. The situation is unfortunate, but the system worked as intended: it alerted the earlier owner and allowed them to act.
What is hard to understand is why SpudBros have received such a negative social media response when all they appear to have done is simply look to enforce their trademark rights for a trademark which they claim they have used for a number of years.
This is yet another example of why at the very least, companies should check trademark availability before they invest their money into a brand.
It is unusual for a trademark dispute to inspire this kind of reaction online which could make you question whether there is more to this story… we will be posting regular updates via our TikTok profile here.
If you have any questions surrounding prior rights with trademark disputes then feel free to reach out.
