Trademark for a Bar: Key Info for London Owners

Trademark for a bar – Intro 

Living in Amsterdam and now considering the possibility of starting a bar in London means that you are probably already acquainted with the chic and astute ambiance of European hospitality. However, knowing the legal frameworks protecting your brand is crucial when starting a business in the UK, particularly in the post-Brexit world. At the centre of this will be registered and unregistered trademarks.

With an emphasis on starting a bar, this article offers a thorough summary of trademark protection rights in the UK. It offers advice on what you must register, what safeguards you may already have, and the tactical choices you must make to safeguard your company name, logo, and other assets.

1. What Constitutes a Trademark?

A trade mark is a symbol that sets your products or services apart from competitors’. It may consist of:

1. Words (like the name of a brand)
2. The Logos
3. Slogans
4. Colours
5. Sounds (in rare cases)
6. Trade dress and packaging

For a bar, your trademark could be your company name (for example, “Herengracht London”), logo, menu designs, or even signature cocktails if they are served in a distinctive way.

Because they protect your identity in a cutthroat market, trademarks are a crucial component of intellectual property.

2. Trademark Registration vs. Unregistration

Trademarks that are registered

You have the sole right to use a registered trademark for registered goods and services in the United Kingdom. The UK Intellectual PropertyOffice (UKIPO) is where you register it.

Advantages consist of:

1. Presumption of ownership under law
2. sole authority to utilise the mark
3. Capacity to sell or licence the mark
4. More options for enforcement against violators

Trademarks without registration (passing off)

The common law concept of passing off may provide you with protection even if you are not registered.

In order for your passing-off claim to be successful, you must demonstrate:

1. Goodwill: In the UK, your pub is well-known.
2. The act of deceiving customers into thinking that your goods or services are yours is known as misrepresentation.
3. Damage: As a result, your company has lost money or is probably going to lose money.

It’s crucial to understand that you have choices even if you choose not to register, even though this is a more difficult and costly way to enforce your rights.

3. The UK’s Trade Mark Registry

How to Sign Up

1. Visit the website of UKIPO.
2. Select the mark (word, logo, etc.) that you wish to register.
3. Determine which classes your bar will serve.With regard to bars:
   
   
   
   • Class 43: Services for providing food and drink.
   
   
   • Class 33: Alcoholic beverages.
   
   
   • Class 32: Beers and non-alcoholic drinks.
   
   
   • Class 35: Advertising and business management, if selling merchandise, or hosting events such as wine tastings.
   
   
   • Class 43: Services for providing food and drink.
   
   
   • Class 33: Alcoholic beverages.
   
   
   • Class 32: Beers and non-alcoholic drinks.
   
   
   • Class 35: Advertising and business management, if selling merchandise.
   
   

Examination Process

1. Search: Check for existing marks.
2. Application: Submit online.
3. Review: UKIPO examines it.
4. Publication: Open to third-party opposition.
5. Registration: If no opposition, or if resolved, your mark is registered for 10 years.

Costs

1. Starts at £170 for one class
2. £50 per additional class

Registration can take 3-4 months if unopposed.

4. Post-Brexit Considerations

Since Brexit, EU trade marks no longer cover the UK. This means:

1. If you had an EU mark before 1 Jan 2021, a comparable UK mark was automatically created.
2. Any new EU trade marks do NOT protect you in the UK.
3. You must apply separately in both jurisdictions.

For a bar planning to operate across London and Amsterdam, you should consider dual registration in the UKIPO and EUIPO.

5. Naming Your Bar: The Legal Pitfalls

Your name is the face of your bar. You need to ensure:

1. It’s distinctive (not just “The London Bar”).
2. It’s not already taken or too similar to an existing trade mark.
3. It doesn’t contain protected terms (e.g., “Royal”, “Olympic”).

Use the UKIPO’s online database to search before finalising the name.

Consider running a clearance search or consulting a trade mark attorney to avoid accidental infringement.

6. Logo and Visual Identity

You should register your logo separately from your word mark. Why?

1. Word marks protect the name in any stylisation.
2. Logo marks protect the specific visual identity.

If your logo includes both text and imagery (e.g., HERENGRACHT stylised with canal motifs), it’s wise to register both separately and together, depending on budget.

7. Unregistered Rights: Building Goodwill

As a newcomer to London, you will need to build up reputation and goodwill before relying on passing off.

Ways to do this:

1. Social media presence (with geotagging in London)
2. Launch events and PR
3. Branded merchandise
4. Google and TripAdvisor reviews
5. Press mentions

Document everything. If a dispute arises, this evidence will support your goodwill claim.

8. Dealing with Infringement

If someone uses your bar’s name or brand without permission, you can:

1. Send a Cease and Desist letter
2. File a complaint with social media or Google (they often act faster for registered marks)
3. Bring an infringement action via the Intellectual Property Enterprise Court (IPEC)
4. Pursue a passing off action if you’re relying on unregistered rights

But remember, prevention is better than cure. Register early and monitor your brand.

9. International Protection

If you plan to franchise or expand, consider protecting your mark internationally using:

1. The Madrid Protocol, a WIPO-administered system
2. Direct filings in each country

This ensures you’re not caught off guard by a competitor using your brand overseas.

10. What Can Go Wrong?

Case Study: A Bar Called “Brewdog Camden”

Brewdog once clashed with Camden Town Brewery over the use of “Camden” in branding. While it wasn’t an outright infringement, it showed how localised naming can stir brand disputes.

You might consider naming your bar after a Dutch term or canal (e.g., “Herengracht”) but make sure it’s not:

1. Already protected in the UK
2. Generic or descriptive
3. Likely to cause confusion

Case Study: Honest Burgers

Another brand found itself copied by smaller competitors using similar menus and branding. While the logos weren’t registered, Honest was able to rely on unregistered design rights and passing off.

11. Monitoring and Maintaining Your Trade Mark

Once registered, your obligations don’t stop:

1. Renew every 10 years
2. Monitor the market for infringement
3. Consider trade mark watching services

If you fail to use your mark for 5 consecutive years, it can be challenged for non-use.

12. Bonus: Registering a Domain and Social Handles

In today’s digital world, it’s also key to secure:

1. Domain names (e.g., herengrachtbar.co.uk)
2. Social media usernames (Instagram, Facebook, etc.)

Register these early. While not trade marks per se, they are part of your brand identity and help establish your presence.

Conclusion

Opening a bar in London is an exciting move, especially when bringing the sophisticated energy of Amsterdam into a new market. But before your first pint is poured or cocktail shaken, invest time in protecting your trade marks.

Both registered and unregistered rights matter. Registered rights give you formal power; unregistered rights are earned through public recognition. Used together, they form a powerful brand protection strategy.

From naming to logo design to expansion plans, your trade mark strategy should be part of your launch blueprint. And remember: a strong brand isn’t just legal protection—it’s your ticket to building a legacy that Londoners will remember.

michael@trademarkroom.com

What is the process for trademarking a bar name?

To trademark a bar name, start by conducting a thorough search to ensure the name isn’t already in use. Next, file an application with the relevant trademark office, typically including your distinctiveness, business details, and logo. Finally, respond to any office actions and wait for approval to secure your trademark rights.

Why is it important to have a trademark for your bar?

Having a trademark for your bar is crucial as it protects your brand identity, preventing others from using a similar name or logo. This legal protection enhances your market presence and builds customer trust, ensuring that patrons can confidently choose your establishment over competitors with similar offerings.