Are you aware of what’s out there?

With eyes firmly on 2025 - I offer you the question, are you aware of what else is out there?

What do I mean exactly? Well, let me explain.

Who are you?

When you establish a business, you choose a name and a certain look.

Often there's a lot of thought that's gone into that.

Whether that's from a market positioning point of view, or simply the vision of the business owner.

As you set up, start establishing your business, and gain a foothold in your marketplace - people begin to recognise this name and look.

And they come back for more, and have a certain set of expectations around what your good or services will be like.

All very obvious so far and nothing you're unfamiliar with - I'm sure.

But what happens if suddenly you're not recognisable - or all of a sudden you don't stand out as much?

That would be a problem.

The trainer example

I often use the example of taking a brand off a pair of trainers.

We all know what to expect when we buy a pair of Nike, Adidas or New Balance shoes.

These companies spend a lot of money to generate good will and protect their reputation.

Imagine an identical pair of shoes on the shelf, from the same company (so, not fakes), made from the exact same material and methods.

(Note in some industries different branded products are, of course, made in the same or equivalent factories and can vary only slightly!)

Except on these shoes there's no logo, no name, no trace of the brand whatsoever.

Without that mark, all of a sudden people have nothing to recognise, no previous associations to recall.

I think you'd agree they would be highly unlikely to sell as well as their branded counterparts.

Now imagine if, for example, there were several different types of shoes with a "swoosh", "Jordan", or "Nike" (or similar) written on them.

Feel confused? Nike's customers would likely end up with a range of shoes of different quality.

And if (as we see in the case of counterfeits) they weren't any good, which would be most likely, confusion would likely impact Nike's reputation.

Are you aware of what's at the gates?

In a way, your brand is a bit like real estate.

Except for land, bricks and mortar, and a nice garden... It's a slice of the landscape in your customer/client's mind.

Not to mention people that you're targeting to sell to in the future.

When a brand is new, it tends to be fairly unique, but over time it can start to feel less "stand-out" and even a bit samey compared to everything else that's out there.

Why is that?

Well a lot of businesses spend a lot of time, thought and money to build on the land they've claimed - only to let others either right next door - or worse, squat in their mansion!

I sense that the metaphor is getting a bit strained now, but you get the idea.

In this sense, devising a standout brand and registering your trade marks properly is like building the house . You need to get the foundations right and avoid cowboys and cutting corners.

But equally important is the upkeep, and security system to make sure that your place in the mind of your marketplace is secure.

Be a brand NIMBY and be that someone doesn't shut out your light by building a giant skyscraper next door and casting a shadow over your business!

So, what to do?

What's all of this in aid of? A call to arms if you will.

If there's one thing I can ask of you in 2025, it's to not turn a blind eye to what is on the horizon!

Brand risk can start as something that's just out of sight, but it can quickly get out of hand if you let it.

We can help with this, of course. (We do brand monitoring and enforcement of all stripes, including online protection around websites, e-commerce and social media).

But some tips for you to help you avoid any nasty surprises:

• Tip 1: Have a search online for your name, and similar or close names, and see if there's anything that pops up in your field - if you have a trade mark, you could enforce against this. (If you don't there are other things you can do).
• Tip 2: If you haven't thought about what: 1. makes you stand out to your customers and clients, 2. what they recognise 3. you wouldn't want someone to copy, do. And then consider protecting it if it's really important to you. If you haven't really thought about brand yet - you might be missing a trick to really stand out and "wow" your marketplace.
• Tip 3: Don't underestimate how quickly brand equity can be eroded by people taking small encroachments (as well as large ones) on your good will. You've spent a lot of time and money to establish yourself, and it really infuriates me when I see bad actors take advantage of good businesses in this way.

As above, we have experience across the board when it comes to trade mark infringement, opposition, revocation as well as brand protection online, so if anything does come up, do not hesitate to drop me an email or message to see what options are available to you.

Wrapping up

I really hope you found this email useful, and as always, if you have any questions or comments, do get in touch.

I love to hear feedback on these newsletters and any comments we get help us work out what kind of value we can bring to your busy inbox and coffee break!

If there's anything we can help with in the meantime, do not hesitate to get in touch.

Warmest regards,

Liz​