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The British Brands Group represents brandmanufacturers in the UK. Its role is to encouragerecognition by policymakers of the values and benefitsof brands to consumers, society and the economy, andto represent the interests of brand manufacturers onissues that affect their ability to operate in a frameworkof fair competition. It is a non-profit-making mutualassociation.
This brochure highlights the importance of brands tocompanies and the need to protect them if these assetsare to be preserved and grow. It outlines practical stepsthat everyone in a company can take to ensure that abrand maintains its vital distinctiveness and is notunscrupulously exploited and damaged by others. The information it contains is intended for generalguidance only.
The brochure is published with the generous support ofBristows, a law firm with specific, acknowledgedexpertise in the area of brand protection. Bristows is an associate member of the British Brands Group andfurther details on the firm can be found in Annex B.
British Brands Group8 Henrietta Place London W1G 0NBTelephone 07020 934250Facsimile 07020 [email protected]
A guide to brand protection
Contents2
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The importance of brands 3
Why brands need protecting 4
Intellectual property – what is it? 5
Trade marks 5
Copyright 6
Designs 7
Patents 8
Unfair competition/Passing off 8
Domain names 9
Trade secrets/Confidentiality 9
Look out! Taking action 10
Brand management and marketing 11
New brands 11
Using trade marks 11
Useful contacts 12
Annex A Glossary 13
Annex B Bristows – profile 14
Annex C Reporting brand infringements 15
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What is a brand?In understanding what brands are, it is useful to considertheir component parts:
• Consumer-focusedBrands only thrive by meeting the needs, expectationsand aspirations of consumers.
• ConsistencyConsumers are safe in the knowledge that the brandwill meet or exceed their expectations every time.
• Widely availableMost brands are widely available, from John O’Groatsto Land’s End, in supermarkets and village stores.
• Distinctive differenceSuccessful branded products stand out from thecrowd. They are distinct from other similar products.
• Continuous improvementAs consumer tastes change and competition shifts,brands must strive for continuous innovation andimprovement to survive.
One definition of a brand is provided by John Murphy,founder of Interbrand:
“A brand is a complex thing. Not only is it the actualproduct, but it is also the unique property of aspecific owner and has been developed over time soas to embrace a set of values and attributes (bothtangible and intangible) which meaningfully andappropriately differentiate products which areotherwise similar.”
From a consumer’s perspective, brands often evokestrong rational and emotional responses and have beendescribed as ‘a powerfully held set of beliefs by theconsumer’1.
Why are brands important?Brands play a vital role in our lives, our society and oureconomy. They are important in many different ways…
• They are important to consumersBrands provide consumers with confidence andreassurance. They offer choice and relevance tospecific needs. They are convenient and deliver qualityand value.
• They are important to your companyBrands are your company’s prime asset and thefoundation of the business. They are the source ofrevenue and profitability and the key to futureprosperity. They are the reason consumers choose youover your competitors.
• They are important to societyBecause brands are distinctive, they are the essenceof competition. Competition provides a continuousspur to innovation, enhancing the quality of our livesand building a multi-choice society.
• They are important to the economyThe economic impact of brands goes beyond jobs,output and exports. Brand companies innovate morethan non-brand companies, contributing more toeconomic and employment growth.
Brands matter – to shoppers, producers, traders, and thecountry. They are worth nurturing and protecting.
The importance of brands
Brands are your company’s prime asset and
the foundation of the business. They are the
source of revenue and profitability and the
key to future prosperity.
1 Frank Auton, The Marketing Council 2000
Successful brands develop strong relationships withtheir consumers. Millions of pounds are invested in theirsuccess. This very success attracts plagiarists andthieves, keen to ride off and profit from the brand atminimal cost and risk to themselves.
As brands are your company’s most important assets,damage to them damages your company’s revenue,reputation and profitability.
Damage takes many forms. Any loss of revenue damagesyour competitiveness. It means less money to spend onquality people and processes, and less money forbuilding the brand. Should consumers believe a copycomes from you and its performance fails to impress,their confidence and trust in your brand is damaged.
It is not just damage today. Less revenue means lessinvestment behind new innovations and products. Thisincreases your vulnerability to competitors who aremore successful at protecting their brands and therebyable to invest more in delivering better solutions toconsumers.
Attacks on brand equity damage future potential andvalue. Take brand names. Linoleum, aspirin and escalatorwere brand names once but due to lack of protectionhave become common parlance and are no longerdistinctive. Their value as a brand has been destroyed.
Everyone in the company has a role to play inprotecting brand value and keeping watch for attackson the brand.
Why brands need protecting4
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As brands are your company’s most important
assets, damage to them damages your company’s
revenue, reputation and profitability.
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Intellectual property
What is it?Intellectual property rights provide legal protection forsome of the most important aspects of a brand. Theyprotect, for example, the name, logo, label designs,packaging shapes, advertising, slogans, domain names,and sometimes the product itself. Even sounds andsmells can be protected if they are distinctive.
These rights are essentially preventative in effect – theyprevent a third party doing something they wouldotherwise be able to do. Their purpose is to encourageinvestment and innovation and to discourage copying.
Intellectual property may be bought, sold, mortgaged orleased just like tangible property such as land. This isusually called ‘assigning’ or ‘licensing’ and can be animportant business opportunity and source of income.
Rights tend to be national, with every country having itsown laws (although there are exceptions, such as theCommunity Trade Mark in the EU). Owning a right inone country does not necessarily mean the right is heldin another country.
The main rights associated with brands are…• Trade marks (registered or common law)• Copyright and database rights• Designs• Patents• Unfair competition/passing off• Trade secrets/confidentiality
Although not an intellectual property right, domainnames on the internet provide important signposts tothe brand, requiring careful management.
TRADE MARKS
What is a registrable trade mark?It is a sign that identifies a particular brand with itsmanufacturer or owner, and distinguishes it from otherbrands and products. It has to be capable of beingrepresented graphically (i.e. written down).
A trade mark may be…• names/words Ford; Cadbury• letters and numbers VAT 69• slogans Gillette – the best a man
can get• logos and pictures the Nike swoosh;
the Bovis hummingbird• colours copper and black (Duracell)• packaging shapes the Toblerone chocolate bar• sounds the Direct Line jingle• smell the strong smell of bitter beer
on flights of darts (Unicorn products)
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Intellectual property
To show that a sign is legally protected and registered,the ® symbol may be featured. This warns others that itis your property. Using it incorrectly is, technically, acriminal offence.
If a sign is used as a trade mark but is not yet registeredor is even unregistrable, the ™ symbol may be featured,which shows that the right is being claimed.
An alternative to both ® and ™ is * with a footnoteexplaining what the right is and the company claimingit, eg: ‘Kodak is a [registered] trade mark of…’
A trade mark may only be registered if it meets thecriteria set out in each country’s laws. Generally, trademarks must be distinctive and capable of beingrepresented on paper.
Time limit on protection: none, as long as renewals arecarried out (usually every 10 years).
Best practice
• Choose new trade marks carefully
(see Brand management).• Clear any new trade marks before you use them to
make sure they are not already in use by others.
If you don’t, you may be stopped from using them,
even forcing you to withdraw your product after launch
(see Useful contacts).
• Register your trade marks. It makes it much easier
to prevent others using them and acts as a ‘keep
off the grass’ notice (see Useful contacts).
• Make sure you use your trade marks correctly
(see Brand management).• Control the use of any trade marks you license to
maintain the connection between the trade mark
owner and the product itself.
• If you discover any of your trade marks being
misused, take action immediately
(see Taking action).
COPYRIGHT
What is copyright?Copyright protects the skill and labour involved increating original literary or artistic works, among othercategories of creative endeavour, preventing theirunauthorised copying.
There are many aspects of a brand where copyrightprotection may be available:• logos• labels and packaging• brochures and advertising• jingles
In Europe, copyright is acquired automatically as soon as thecreator records the work in a permanent form. Copyrightownership is indicated by showing the © symbol, followedby the year the work was first published, plus the name ofthe copyright proprietor eg. © 2002 British Brands Group.
Time limit on protection: 70 years after the death ofthe creator in the EU.
Best practice
• If an outside supplier originates any creative work, ensure
that the copyright in their work is transferred to you.
This requires a legal document called an ‘assignment’.
Arrange this when the work is commissioned.
• In any merchandising of copyright material, include
measures to control how the licensee uses your
copyright material in the agreement, and monitor his
actual use.
• Where possible include ‘sleepers’ in copyright works.
These are small, deliberately included but
imperceptible mistakes, such as double spacing
between words. These can be valuable later on in
proving that copying has taken place.
• Look out for copying, and take action immediately
if you discover any (see Taking action).
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DesignsProtection of designs varies between countries. In the UK, protection is available under Registered Designs andUnregistered Design Right.
REGISTERED DESIGNS
Registered designs are available to protect theappearance of the whole or part of the product. This includes not just a product’s shape but also itspackaging, including logos and typographicalarrangements. Registered designs can be extremelyvaluable where the appearance of a product and/or its packaging is important to consumers.
To be registerable the design must be both novel andhave individual character. That is to say it produces adifferent overall impression to consumers from existingdesigns.
Time limit on protection: up to a maximum of 25 years, subject to renewals being carried out.
UNREGISTERED DESIGN RIGHT
Unregistered rights arise automatically but can bedifficult to enforce as it is necessary to prove that the design which is supposed to have been copied isproperly the subject of design right protection, that youown it, and that the alleged infringer copied your workrather than creating the item independently.
Unregistered design right protects the three-dimensional elements of a design, giving automaticprotection against close copying. Two different types ofunregistered design right co-exist: a national right andan EU right.
Time limit on protection: 3 years for the EU right, 15 years maximum for the UK right (or 10 years fromfirst commercial availability in some instances).
Best practice
• Apply for design registration as soon as possible and
in any event within 12 months of publicly disclosing
the design. ‘Publicly’ means disclosure to anyone,
even the trade, outside your company.
• For Unregistered Design Right, record the design in a
design document or make a prototype to the design
to obtain protection. Note on the drawing or model
the author, date, circumstances in which the work
was created and details of any subsequent
modifications. Keep these records in a safe place and
note their existence in a database or index.
• Ensure your rights are acknowledged and protected
in any merchandising agreement. Monitor how they
are used.
• Look out for copies of your designs, and take action
immediately if you discover any (see Taking action).
PATENTS
Patents provide protection for inventions of products or processes. To be patentable, the product or processmust be new (that is, not previously published) andinnovative, although this can be an improvement to an existing idea as long as it is not obvious. Patentprotection is not available for methods of doingbusiness, computer programs or methods for presentinginformation.
The patent prevents others from making, using or sellingthe innovation and so is a source of competitive edge.
Time limit on protection: Patents are granted for up to20 years. The patent must describe the invention clearlyenough for competitors to be able to use the inventionafter this period.
Best practice
• Keep ideas confidential until you have filed a patent
application.
• Mark all drawings, notes, correspondence and
meeting notes with third parties as ‘confidential’.
• Before filing, only disclose to third parties under an
obligation of confidence to you.
• If you commission work that includes an invention,
endeavour to obtain outright all patent rights, rather
than taking a licence.
• Look out for any infringement of your patents,
and take action immediately if you discover any
(See Taking action).
UNFAIR COMPETITION/PASSING OFF
There may be situations when trade marks, copyright, orpatents have not been infringed but where legal actionmay still be taken.
In the UK, if consumers are misled by representations(which can be oral statements or implied statementssuch as similarly designed packaging) into thinking oneproduct is made by or approved by another, then actionmay be taken under the law of passing off.
A typical example is ‘look-alike’ packaging. Theseproducts are so similar in appearance to a competitor’sbrand that consumers may mistake them for thegenuine article or believe them to be otherwiseconnected with your product.
Most continental European countries provide furtherprotection to brand owners under the law of unfaircompetition – it can apply when a consumer associatesthe goods of a third party with the goods of a brandowner, for instance if they have similar packaging. Thisright does not exist in the UK at present.
Best practice
• Look out for any competitor (or any company)
suggesting a connection with your company where
none exists, and take action immediately if you
discover one (see Taking action). If you fail to do so,
you may lose the distinctiveness of your brand.
• Be aware that laws vary widely from country to
country so always take local law advice.
• Preserve any evidence of confusion. Ensure that your
customer helpline records any instances of
consumers calling with an enquiry about a product
belonging to a competitor.
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Intellectual property
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DOMAIN NAMES
Domain names are the unique addresses that identify,and permit access to, specific web sites.
It is important that domain names are selected withcare and registered.
Ensure that a proposed domain name is not already heldby someone else.
As with new trade marks, a new domain name shouldbe cleared with a search for other parties’ trade markrights before use unless they are a word whollydescriptive of your product (e.g. petfood.com).
Establish a centralised policy for clearing and trackingyour domain names.
Develop a policy towards cybersquatters. Action outsidethe courts is available through ICANN for a ‘top level’domain name (eg. .com, .net, .info, .org) or throughNominet UK for ‘.uk’ domains. Both offer a quick andrelatively cheap service.
TRADE SECRETS/CONFIDENTIALITY
Novel and unique formulations may be protected bytrade secrets. Whereas patents and registered designsrequire disclosure in return for a limited period ofexclusivity, trade secrets can be kept secret forever. An example is the Coca-Cola drink formulation.
Material cannot regain confidentiality once the secret is out.
Best practice
• The confidential material has to be treated with great
care and made available on a need to know basis.
Use confidentiality agreements and monitor access to
the information.
• Take action if you discover that there has been any
unauthorised dissemination of the secret.
Successful brands rely on people keeping a look out forinfringements.
Keeping a look out protects the brand’s sales, safeguardsits reputation with consumers, maintains the brand’sdistinctiveness and ensures its competitive edge.
What to look out for
Look-alikesThese imitate the brand, looking so similar thatconsumers think that it is the brand or is at least madeby the same company. They free ride off the brand’sreputation.
CounterfeitsThe packaging is usually a complete and direct copy ofthe original, although the contents will be inferior.
Substitution In the drinks industry, bar staff may have the brand ondisplay but have diluted the bottle with water, orrefilled it with a cheap alternative.
Fake merchandiseYour brand may feature on a wide range of items, suchas umbrellas, T-shirts and hats. Such items may becarrying your brand name or logo without consent.
Full legal action may not be appropriate in allcircumstances and it is best to seek legal advice before taking any further action.
Where to lookInfringers may be operating in any place of commerce.Shops, market stalls, newspapers and magazines, salesbrochures and mail-order catalogues are all popularwith those who may seek to exploit your brand.
The internet is another place to monitor carefully.Cybersquatting is only one problem area. Look out forcompetitors that are using your brand in metatags (thewords on a website screened by search engines), ‘sucksites’ that damage the reputation of your brand, andcopycat sites.
Taking actionIf you spot any infringement of your company’sintellectual property rights, it is important to takeaction quickly to protect the value of the brand.
To take action…• Gather all the information you can about the
infringement, without arousing suspicion. Make asample purchase, keep the receipt, note prices andpromotional displays, along with the time and date.
• Note anything that is said by the salesman.• Alert your legal department to the infringement
or, if you do not have a legal department, alert the company secretary or company’s firm of solicitors to the infringement.
Annex C provides a template for gathering information.
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Look out!
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NEW BRANDS
The most important right associated with a new brandis likely to be its trade mark.
It is wise to plan brand protection, and includespecialists who can advise you, early in the branddevelopment process.
Choose strong trade marks. These are less likely to becopied by others, add value to the brand and are easierto enforce. A strong trade mark is distinctive, so avoid…
• descriptive words (eg NATURAL SOUP)• laudatory words (eg FINEST; SMOOTH; QUALITY)• common surnames (eg BROWN’S; FIELDING’S)• geographical names (eg LONDON)
The strongest brands, and the strongest trade marks, aretruly distinctive, such as Marmite and Levi-Strauss.Names, words, slogans, logos, graphics, label designsand bottle shapes may all be registrable as trade marks.
Once you have a shortlist of possible trade marks (andit is wise to have a selection, in case some are alreadyregistered), two further stages will make them legallyenforceable:• ‘searching’ to ensure they are not already registered • ‘registering’ them, to protect them
Specialist help is recommended for these two stages(see Useful contacts).
USING TRADE MARKS
Trade marks need to be used consistently and correctlyif their value and protection is to be maintained. If usedincorrectly, a brand name can become generic. This iswhat happened to ‘linoleum’ and ‘escalator’.
There are some golden rules in using trade marksproperly:• distinguish the trade mark within text, using
CAPITALS, italics, bold, ‘inverted commas’, underliningor colour
• trade marks are proper adjectives (eg. a Mars bar),not nouns (eg. fit a Velux is incorrect) or verbs.However they should not be used as descriptiveadjectives (eg. use ‘the distinctive flavour of Nescafécoffee’, not ‘the distinctive Nescafé flavour’)
• use the generic name of the product or service withthe trade mark (Castrol oil)
• do not corrupt a trade mark, personalise it (eg.Guinness is pleased to announce...), or hyphenate it
• avoid the possessive form of the trade mark (eg. Cuprinol’s promise) unless it is registered in this form (eg. McVitie’s)
• a trade mark should not be made plural if it issingular, and vice versa
• keep strictly to the house style and the guidelinesappropriate to the brand
A useful test…When using trade marks in advertising or other text, seeif the sentence still makes grammatical sense if thetrade mark is removed. If it does, it is likely the mark isbeing used correctly.
Brand management and marketing
GeneralFor general advice and information on intellectualproperty, trade marks, patents, designs, and copyright:
The Patent Office’s Central Enquiry UnitThe Patent Office, Concept House, Cardiff Road,Newport, South Wales NP10 8QQTel: 08459 500505 email: [email protected]
Trade marksTo search and register a trade mark in the UK:
The Trade Mark Registry The Patent Office, Concept House, Cardiff Road,Newport, South Wales NP10 8QQTel: 01633 811010 email: [email protected]
To obtain a list of specialists:Institute of Trade Mark Attorneys4th Floor, Canterbury House, 2-6 Sydenham Road, Croydon, Surrey CR0 9XETel: 020 8686 2052 e-mail: [email protected] www.itma.org.ukYellow pages (under ‘Trade Mark Agents’)
For information on the Community Trade Mark:OHIM web site: www.oami.eu.int
CopyrightFor general information:
The British Copyright CouncilCopyright House, 29–33 Berners Street, London W1T 3ABTel: 020 7580 5544 e-mail: [email protected]
To obtain licences to photocopy material:Copyright Licensing Agency90 Tottenham Court Road, London W1T 4LPTel: 020 7436 5931 e-mail: [email protected] www.cla.co.uk
DesignsTo search and register a design in the UK:
The Designs Registry The Patent Office, Concept House, Cardiff Road,Newport, South Wales NP10 8QQTel: 08459 500505 www.patent.gov.uk
PatentsTo search and register a patent in the UK:
The Patent OfficeConcept House, Cardiff Road, NewportSouth Wales NP10 8QQTel: 01633 811010 www.patent.gov.uk
To obtain a list of specialists:Chartered Institute of Patent AgentsStaple Inn Buildings, London WC1V 7PZTel: 020 7405 9450 e-mail: [email protected] Yellow pages (under ‘Patent Agents’)
Internet To register ‘top level’ (eg. .com/.net/.org) sites
www.networksolutions.comDisputes (‘top level’ domain names)
www.icann.org To register .uk sites
www.internic.co.ukDisputes (.uk)
Brands and BrandingThe British Brands Group 8 Henrietta Place, London W1G 0NBTel: 07020 934250 e-mail: [email protected]
Counterfeits The Anti-Counterfeiting GroupPO Box 578, High Wycombe, Buckinghamshire HP11 1YDTel: 01494 449165 e-mail: [email protected]
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Useful contacts
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CTM Community Trade Mark. This trade mark covers the countries of the European single market
ICANN Internet Corporation for Assigned Names & Numbers
IP Intellectual Property
IPR Intellectual Property Rights
OHIM Office for Harmonisation in the Internal Market (based in Alicante, this administers the Community Trade Mark)
® Denotes a trade mark is registered
™ Denotes you are claiming the mark as yours, although you may have no registered rights in it
Annex A Glossary
Bristows has an unrivalled team of 80 lawyersspecialising in intellectual property.
IP has been part of the firm’s core business for over acentury. But Bristows’ pre-eminence in this field is morethan a matter of mere numbers or tradition. Crucially,Bristows’ lawyers are able to see intellectual propertyfrom their clients’ perspective: as a vital lever tobusiness success.
Protecting inventions, ideas, brands and businessmethods amid the explosion of worldwide trading is anunderstandable source of anxiety for many businesses.Bristows will demystify the issues and find simple,practical solutions.
BrandsBristows’ team has worked extensively in registeringtrade marks and designs essential to protecting brands.Equally important, Bristows’ lawyers have successfullyfought against counterfeits and brand infringements inmajor disputes.
The acknowledged giant of computer games trustsBristows to police its brand. It was Bristows’ lawyerswho achieved the celebrated Sony win over Tesco,preventing the PlayStation name being applied toproducts it hadn’t made. But Bristows is also theenforcer when it comes to protecting those vitalperipheral details – right down to the PlayStationbutton symbols.
Increasingly, cases brought by Bristows in the UK areused to influence litigation abroad. To ensureinternational consistency for their clients, Bristows’lawyers take on the vital role of co-ordinating the workof lawyers in other jurisdictions.
Copyright and DesignBristows’ market leading intellectual property expertisehas led to the firm acting in a wide variety of copyrightand design disputes, ranging from cases involvingcomputer software copyright, databases and the designof electronic components, through to copyright in worksof art and consumer magazines, and design right inpens and toothbrushes.
Patents Bristows is consistently rated among the world’s toppatent law firms. From turbochargers to telephonedialling systems, from agricultural machinery togenetically engineered drugs, Bristows’ lawyers areexperienced in navigating the fast changing system ofexploiting patent rights and litigation.
The inconsistencies in patenting and litigation systemsworldwide make it essential that your patent lawyershave the expertise to cut through the confusion. Inaddition to traditional practice in the specialist andhigher courts, Bristows’ lawyers increasingly act forclients at the European Patent Office and supervisinglocal lawyers in jurisdictions further afield.
Contact detailsFor further information about the IP advice thatBristows can provide, please contact:
Paul Walsh, Partner e-mail: [email protected]
or David Wilkinson, Partnere-mail: [email protected]
or Simon Ayrton, Partnere-mail: [email protected]
Bristows3 Lincoln’s Inn FieldsLondon WC2A 3AATel: 020 7400 8000Fax: 020 7400 8050www.bristows.com
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Annex B Bristows
LAWYERS FOR BUSINESSES THAT CREATE AND INNOVATE
PROTECT YOUR BABY
3 Lincoln’s Inn FieldsLondon WC2A 3AAUnited Kingdom
telephone+44 (0)20 7400 8000
facsimile +44 (0)20 7400 8050
web sitewww.bristows.com
www.bristows.com
Bristows works to protect the rights ofbrand owners from all over the world,registering marks for clients and advisingon brand protection strategies as well as associated copyright and domain nameissues. Bristows also protects its clients'rights through the Courts and has beensuccessful in cases ranging fromcounterfeiting to more complex majorbrands disputes.
Bristows has an unrivalled team of 80 lawyers specialising in intellectualproperty. It's been part of the firm'sbusiness for over a century. But Bristows'pre-eminence in this field is more than a matter of mere numbers or tradition.
Bristows' lawyers see intellectual propertyfrom their clients' perspective: as a vitallever to business success. If your brandneeds protection, Bristows will demystifythe issues and find practical solutions.
REPORTING BRAND INFRINGEMENTS
Product copies and unauthorised or mis-used brand names cost the company money and may damage future salesand reputation. Often, legal action can be taken to protect the company’s interests but this is only possible withprompt, accurate, detailed information.
If you become aware of any copy or brand mis-use, this form will help you report it. A checklist and guide to theinformation required is provided. Thank you for your help in safeguarding the brand.
Your details
1 Reported by 2 Country
3 Town 4 Location
5 Fax no. 6 Telephone no.
7 E-mail
Copy product found/brand name used
8 Our product and style 9 Copy product
10 Brand name used 11 © ® ™
12 Price 13 Volume of products on sale
14 Manufacturer and address
15 Distributor and address
When, where and how was the product/brand found?
16 When 17 Where
18 Verbal description
19 Written description
20 Are the sellers our customers?
21 Any other information
Please return this form by fax to (enter your fax number) :
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Annex C Outline reporting form for businesses to use to monitor their own brands
Explanatory notes
1–7 These boxes are self-explanatory. They provide a means whereby you can be contacted if further informationis needed.
8 Our product and style: What is the product being copied or the brand name being mis-used?
9 Product: What is the copy product description?
10 Brand name used: What is the brand name on the product that you have found?
11 © ® ™ : Please tick the boxes as appropriate if the product carries these symbols.
12 Price: How much does the product in question cost? Is it available at a discount for volume purchases?
13 Volume of products: This is essential information. Are there just a few copies on a market stall? Or is there awarehouse full of product? The number of copies found may determine the legal response.
14–15 This is essential information which you should try to establish. If you are simply buying the product froma shop/stall, please enter these details in Box 16.
16 When: When did you see/purchase the product?
17 Where: Give the name of the shop, trade fair or place where you saw/purchased the product.
18 Verbal description: How was the product/brand name described to you by, for example, a sales person?
19 Written description: What was the wording in any sales literature, leaflets, catalogues, etc.?
20 Are the sellers our customers: Do they sell any genuine products from our company? If so, please indicatewhich ranges.
21 Any other information: This is for any information you feel may be of value such as copies or mis-uses ofother manufacturers’ brands.
Other important points to remember
a Never try to lead the seller into making a false statement about the origin of the product.
b Never reveal the company you work for.
c Always try to buy a sample of the product and, if circumstances permit, buy more than one sample.
d Always get a receipt.
e Always try to obtain as much information as you are able to without arousing suspicion, but never sayanything that is untrue.
f Never accuse the seller of any wrong-doing.
8 Henrietta Place, London W1G 0NB
Telephone 07020 934250 Facsimile 07020 934252 Email [email protected] www britishbrandsgroup.com
This guide to protecting your brand is produced with the support of Bristows, a law firm with specific,acknowledged expertise in the area of brand protection.
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