Your brand is one of your most valuable business assets, but many businesses don’t realise it’s at risk until a problem arises. Trade mark issues often surface during growth, investment, or disputes, when fixing them is expensive and disruptive.
This simple trade mark health check helps you spot common risk areas before they turn into legal or commercial problems.
1. Do You Own a Registered Trade Mark for Your Brand Name?
Yes / No
If the answer is no, your brand may be vulnerable.
Without a registered trade mark:
- Your rights are limited and harder to enforce
- You rely on passing off, which is costly and uncertain
- Someone else could register the name before you
If the brand matters to your business, registration is usually essential.
2. Is the Trade Mark Registered in the Right Name?
Yes / No
This is often overlooked.
Common issues include:
- The mark is owned by an individual instead of the company
- The company name has changed but the trade mark hasn’t
- A former business partner is listed as owner
Incorrect ownership can cause serious problems during disputes or due diligence.
3. Are the Goods and Services Still Accurate?
Yes / No
Trade marks are registered for specific goods and services.
Ask yourself:
- Do they reflect what you actually sell today?
- Have you expanded into new areas without updating protection?
- Are they overly broad or unclear?
Misaligned specifications can weaken enforcement and increase risk. Once a trade mark application is filed, goods and services cannot be added. We would therefore need to file a new application for you.
4. Are You Using the Trade Mark as Registered?
Yes / No
In the UK, trade marks can be challenged if they are not genuinely used within five years.
Risks include:
- Significant logo or name changes
- Using a different spelling or format
- Not using the mark at all for some classes
If use doesn’t match registration, rights may be vulnerable.
5. Is Your Trade Mark Renewed and Monitored?
Yes / No
UK trade marks:
- Last 10 years
- Must be renewed every 10 years
If you miss a renewal:
- Rights can lapse
- Recovery may not be possible
Monitoring is also important — infringement is easier to stop early.
6. Is Your Brand Protected in the Right Territories?
Yes / No
Trade marks are territorial.
Consider:
- Where you actually trade
- Where customers are based
- Where competitors operate
A UK trade mark won’t protect you in the EU or elsewhere.
7. Have You Checked for Conflicting Brands Recently?
Yes / No
Brand landscapes change.
Even if your mark was clear at filing:
- New applications may now conflict
- Competitors may have strengthened their position
Regular reviews reduce surprise disputes.
What Your Answers Mean
- Mostly “Yes”
Your brand is likely in good shape — but regular reviews are still important. - A mix of “Yes” and “No”
There may be manageable risks worth addressing now. - Mostly “No”
Your brand may be exposed. Early action can prevent costly problems later.
Why a Trade Mark Health Check Matters
Trade mark issues often arise when:
- Seeking investment
- Selling the business
- Expanding into new markets
- Receiving a cease and desist letter
At that point, options are limited and costs increase.
A trade mark health check isn’t about ticking boxes — it’s about protecting the future value of your brand.
If you wouldn’t leave your finances or contracts unchecked, your trade marks deserve the same attention. Lawdit Solicitors and our sister company the Trademarkroom have a specialist team to ensure that your Trade Mark health is tip top. Get in touch today.
