Need to know

• The UK’s Intellectual Property Office oversee all intellectual property registrations in the UK.

• Trademarks help businesses protect their brand, stand out in the market, and build loyal customer bases.

• Local law firms with strong IP expertise can play a key role in protecting everyday entrepreneurs and small business owners.

Welcome to TSL’s Weekly Edge, whether you’re aiming for a regional or high-street practice, or just want to get a feel for how law works in the real world beyond textbooks, you’re in the right place. 

No corporate jargon, no massive deals, just real useful information designed to give you that extra edge in your legal journey.

🧠Wilson’s Weekly Wisdom

I’ve been talking recently to someone about how I got into insurance law and this got me thinking…

Picture this: you’re in the first year of your law degree, already convinced you know exactly what area of law you want to go into. You’ve read headlines about high-profile corporate deals and think that must be the reality for every lawyer after all, that’s what it looks like in Suits, right? Wrong. 

As a first-year law student, I never saw myself in commercial law and I thought I’d work in family law or help “the little person”, never in commercial or insurance law. But three years in, I love it. The legal field is full of niche, evolving areas you might not even know exist yet. My sixth form tutor always said, “the job you’ll end up doing probably doesn’t exist yet.” And while insurance law certainly existed at that time, the kind of work I come across now, like advising on issues involving drones, didn’t. The law is constantly evolving. To succeed in this profession, you have to be flexible and curious. You never know what’s out there and you might just surprise yourself with the area of law you end up enjoying most.

💡Spotlight Article

Intellectual Property refers to non-physical assets, like a business name, song lyrics or a catchy slogan. 

Protecting the intellectual property (IP) rights of individuals and businesses alike is key to keeping innovation alive. Law firms help people register and defend those rights.

🔎What’s happening? 

The UK’s Intellectual Property Office (UKIPO) manages all IP registrations in the UK: patents, designs, copyrights and trademarks. It can reject or accept applications for IP rights. Unregistered owners can still claim protection under tort law, citing ‘goodwill’ in their usage, but this avenue offers less protection.

Registration provides IP owners with statutory protection under the Intellectual Property Act 2014 and the Trade Marks Act 1994. This allows registered owners to claim against those who use their IP without permission, although brand owners must be able to evidence misuse.

How do trademark disputes work?

Trademarks protect brand names, logos, slogans and other identifiable factors. This helps brands stand out and build a customer base. 

If businesses register for a trademark and it is rejected, this proves to be a significant setback. Their efforts to create a recognisable, desirable image for their brand are reduced to nothing.

In 2021, a family-run garden supply store in Reepham, Norfolk, named ‘L V Bespoke’ applied to register their name as a trademark. Their efforts were challenged by Louis Vuitton, a major fashion brand, under the Trademark Act 1994.

Louis Vuitton claimed that the garden supply store’s ‘L V’ lettering would provide them with an ‘unfair advantage’. Customers would associate the store with Louis Vuitton, causing ‘detriment’ to Louis Vuitton’s brand.

In 2024, the Intellectual Property Enterprise Court (IPEC) ruled that L V Bespoke operated in a ‘niche and separable area’, which would not be associated with Louis Vuitton. 

L V Bespoke successfully registered their trademark, and they were awarded £4,000 in compensation. The family behind the business faced great uncertainty and stress as they awaited a final judgment, but they emerged victorious.

❓ Why it matters to high street firms

Local law firms with strong IP teams can aid in protecting everyday entrepreneurs and business owners. They are well-positioned to ensure IP owners feel adequately supported by filing and enforcing robust IP applications. 

In all IP applications, similar steps are followed. The IP’s suitability is assessed, IP database searches are conducted, applications are submitted, and disputes are dealt with.

For example, IP lawyers assess whether a proposed trademark is distinctive and identifiable enough to comply with the UKIPO’s requirements. 

They can search through the UKIPO’s legal database, amongst others, to ensure the trademark does not conflict with any existing ones. They can submit the trademark application with the UKIPO and represent the business in the event of any legal disputes.

IP Litigation

This is when people go to court and fight over who owns the rights to certain inventions, brands and other intangible works. Decisions made by the courts are legally binding, and the losing side will often have to pay damages.

Imagine two local musicians fighting over who wrote the lyrics for a new, catchy song. Musician 1 says it was her invention! Musician 2 claims it was his. If they cannot agree between themselves, the courts may need to get involved.