In the print and creative industries, protecting your work and your brand is essential. From printers and designers to agencies and marketing professionals, your intellectual property is often at the heart of what you do. Yet many businesses make avoidable mistakes that can cost them time, money and reputation.
At National Business Register we see these issues every day, so we have put together a practical guide to help you spot the common pitfalls and, most importantly, how to avoid them.
Mistake 1: Not checking for existing trade marks
It is easy to assume that if a name or logo is not already used by a competitor you are free to use it. Unfortunately, this is not the case. Trade marks can be registered by businesses across the UK in different industries, and even if you have never heard of them, their registration gives them legal rights over that name or brand.
How to avoid it: Before launching a new brand or product line, always carry out a clearance search. A quick online check is not enough. Professional searches, like those carried out by NBR, review existing trade marks, highlight potential conflicts and help you avoid expensive disputes.
Mistake 2: Thinking copyright covers everything
Designers and printers often rely on copyright to protect their work. While copyright does give automatic protection to original artwork, it does not protect a brand name, logo or slogan in the same way. Relying solely on copyright leaves a gap in protection that others can exploit.
This is particularly important where print businesses employ in-house graphic designers or produce creative work for clients. The question of ownership is not always clear. Unless the rights are formally assigned, copyright will usually remain with the creator. Some businesses assume that once the invoice is paid, ownership of the intellectual property automatically passes to the client. This is not the case.
How to avoid it: Make sure contracts or terms of business set out clearly who owns the intellectual property in the work created. If you intend for the client to own it, include an assignment of rights. If your business retains ownership, make sure that is also stated. Using copyright alongside trade marks and registered designs gives stronger protection and avoids misunderstandings later.
Mistake 3: Assuming a domain name or Companies House registration is enough
Many print and creative businesses believe that registering a domain name or a limited company secures their brand. Unfortunately, neither of these registrations provide intellectual property rights. You could own a domain or company name and still be forced to stop using it if someone else has a registered trade mark.
How to avoid it: Always view domains and company registrations as separate from IP protection. They are useful for your business identity but they do not give you the legal rights that a trade mark does. A trade mark registration ensures you can continue trading under your chosen name with confidence.
Mistake 4: Overlooking Business Name Protection
Not every business is ready to register a trade mark, but that does not mean they should be left without protection. Business Name Protection is a practical solution for safeguarding your trading name if you cannot or do not want to register a trade mark. It provides a strong deterrent against passing off and ensures that you have expert help if another business tries to use your name.
With Business Name Protection from NBR, you are covered by up to £10,000 of legal assistance if someone else uses your business name. For many print and creative businesses this peace of mind is invaluable, particularly when clients and suppliers rely on your name and reputation.
How to avoid it: If a trade mark is not the right step for your business, consider registering with Business Name Protection. It is a cost-effective way to secure your brand identity and adds an extra layer of protection against copycats.
Mistake 5: Leaving IP as an afterthought
It is common for IP to be considered only once a problem arises. Perhaps a client receives a legal letter about their brand or a competitor starts copying designs. By this stage, the cost and stress of resolving the issue is often much greater.
How to avoid it: Build IP checks into your process from the start. When developing a new client brand, launching a product line or creating a campaign, make sure trade mark clearance or Business Name Protection is one of the first steps. This saves time, reduces risk and reassures your clients that their brand is properly protected.
Protecting your business and your clients
For print and creative businesses, getting IP right does more than protect your own work. It also helps you build trust with your clients. By advising them to secure their trade marks and designs, and by being clear on who owns the copyright in the work you produce, you demonstrate professionalism and reduce the risk of future disputes.
If you want to avoid the common IP mistakes we have outlined and put your business on a stronger footing, we are here to support you. At National Business Register we offer exclusive rates to IPIA members.
