How Ashfords can help your business to choose a new brand name, logo or corporate identity
Introduction
When choosing a new brand name, logo or corporate identity, many businesses overlook the legal aspects.
In particular, before adopting a new brand name, logo or identity, you need to think about at least the two following legal issues:-
- If I use this new brand name, logo or identity will I infringe someone else's earlier legal rights (e.g. their registered trade mark)?
This issue can be addressed by conducting pre-use clearance searches and taking legal advice
- Will I be able to get a registered trade mark for my new brand name, logo or identity, and thus be able to stop others using it or using something confusing similar?
This issue can be addressed through conducting pre-use clearance searches and taking legal advice
Ashfords regularly work with clients to assist their management and creative teams in deciding what brand names, logos and corporate identities will work for them, from both from the commercial and legal perspective. We regularly carry out searches to see if there are any potentially problematic earlier third party trade marks which might prevent a client from being able to use and register a particular brand name, logo or corporate identity. We also give legal advice as to whether a new brand name, logo or corporate identity is capable of being registered as a trade mark. For example, it might not be sufficiently distinctive, or it might be descriptive of the characteristics of the goods/services in respect of which it is intended to be used, and thus will not enable a consumer to identify the goods/services in question as originating from your business.
Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
