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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
Walker Morris takes a look at some of the key announcements and how the figures add-up for your sector.
Welcome change from presumption of responsibility
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.