Trade marks, design rights and territories: skincare brand prepped and ready for export

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Tasked with getting a British skincare brand export-ready, Barker Brettell successfully secured registered trade mark protection in the territories of interest, ensuring that the brand was able to enter overseas markets safe in the knowledge it was protected.

The challenge:

The client had taken initial steps to protect its logo in the UK and some overseas countries, but as the brand grew, so did the other companies trying to exploit its success. Rosalyn Newsome, trade mark attorney and partner at Barker Brettell, worked with the client to identify the necessary steps to fortify protection of the brand and to create an appropriate IP strategy to complement the commercial aims.

The solution:

In addition to protecting the logo in new territories, Barker Brettell recommended protecting the actual word which was the brand name. This broadened the legal bubble of protection around the brand as it removed the need for there to be any visual similarity to the logo for any infringement to occur. A watching service was put in place which allowed for the early notification of third parties seeking to register a name too close to that of the client. The early identification of potential conflicts enabled many trade mark applications being stopped from reaching registration and importantly, forced a brand change before products reached the market and created a commercial issue too. The trade mark filings were complimented by EU registered design filings, made by Nicholas Braddon, European designs attorney at Barker Brettell, to protect the printed botanical panel which appeared on one side of the product packaging. This was a design feature being copied by others in the market and which the client considered unique to its own range. This, created additional protection around the product and a further layer of legal protection to keep competitors away.

The result:

The client now has strong trade mark and design protection. The company was also awarded The Queen’s Award for Enterprise, following a 237 per cent growth in international trade over a three year period, and a 13 per cent growth in the overall business over a five year period. Today its products are now available in over 100 countries.

“It has been a privilege to play a part in this client’s success,” said Rosalyn Newsome. “The level of trust between us, demonstrated on their part, by sharing internal business plans and being appointed as an authorised signatory of the company, has helped me ensure that the IP portfolio is robust and resilient.”