Financial services — protecting your brands
Consumers are naturally drawn to brand names that clearly indicate the services being offered. It is therefore not uncommon for financial services to be offered using descriptive names such as Cash Today or Pay Day Loan as the services being provided are easily recognisable. When adopting descriptive names, providers should be aware of the potential limitations on preventing the use of similar descriptive names by competitors and steps that can be taken to maximise their legal protection.
Brand names can be automatically protected through use. However, in order to benefit from protection, the user must provide evidence of goodwill and reputation in the UK and establish that use by a competitor of a similar or identical brand name would amount to a misrepresentation in the market place, causing confusion amongst consumers as to who the provider of the service is. In practice, this can be a difficult evidential burden, especially if the brand has only been used for a limited period and is still building a reputation in the market place. Collating the required evidence to enforce unregistered rights against copy cat providers can also incur significant legal costs and take up valuable management time…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The well-known US TV series Glee has been on the wrong end of a High Court trademark infringement action.
Cosmetics manufacturer Lush has successfully claimed against the online retailer Amazon for trademark infringement.
Analysis from The Lawyer
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents