Trademarks serve as invaluable business assets. They shape your brand’s image, protect against copycats, and help build customer trust. But trademark protection and registration aren’t always simple, just take a look at the high-profile disputes involving Thatchers Cider and EasyGroup.
If you are a small business owner, don’t just skim through this blog. Read these cases thoroughly and learn important lessons about the importance of trademarks, common pitfalls, and what happens when things don’t go as expected.
What Is a Trademark and Why Does It Matter?
A trademark is the foundation of every business. Whether it’s a word, logo, slogan, shape, colour, or sound, it helps customers easily identify your brand. It offers legal protection against other businesses trying to capitalise on the success of your brand.
For small businesses, trademarks and trademark protection is essential because:
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They protect your brand – Without a trademark, anyone can copy your business name or branding, leading to confusion.
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They increase business value – A strong, well-known brand increases business value, especially if you plan to sell or expand.
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They give you legal rights – With a registered trademark, you can take legal action if another company tries to imitate you.
Trademark protection doesn’t happen by default. You must go through a proper registration process, active enforcement, and thorough monitoring.
Case Study: Thatchers vs. Aldi – When Similar Packaging Crosses the Line
If any supermarket is known for pushing the boundaries with its branding, it’s Aldi. The budget retailer has been known for releasing store-brand products that bear a remarkable resemblance to popular brands. But in a recent landmark ruling, Aldi lost a legal battle against Thatchers Cider after the Court of Appeal ruled that Aldi had infringed on Thatchers’ trademark.
The Dispute
Thatchers, a family-run cider company, sued Aldi over its “Taurus Cloudy Lemon Cider”, which strongly resembles Thatchers’ well-known “Cloudy Lemon Cider”. Although Aldi didn’t use the exact same name, the design and colours of the packaging were very similar, closely resembling Thatchers’ style.
At first, the High Court ruled in Aldi’s favour, saying that the similarities were not enough to mislead consumers. Thatchers then appealed, and the Court of Appeal reversed the original ruling, deciding that Aldi’s design took unfair advantage of Thatchers’ established brand.
What This Means for Small Businesses
This case proves that the design and aesthetic of a product’s packaging can be as important as a brand name when it comes to trademarks. Trademark protection guarantees that if another company attempts to replicate your brand identity, even without using your exact name, you have legal grounds to take action.
The Biggest Trademark Mistakes Small Businesses Make
1. Not Registering Your Trademark
You may have a name for your business, but it doesn’t mean you own it just because you’ve been using it for a while. As a rule of thumb, we suggest you register your trademark before selling your first product or service. If not registered, you have limited legal protection.
2. Not Checking for Existing Trademarks Before Launching
Starting a new brand without checking if someone else already owns a similar name, logo, or design can get you into trouble, potentially forcing you to rebrand, which can be costly.
3. Thinking a Registered Business Name is the Same as a Trademark
Registering your business with Companies House doesn’t automatically grant you trademark protection. Because trademarks and business names are distinct, it’s important to register your trademark separately for legal and competitive benefits.
4. Ignoring ‘Lookalike’ Products
The Thatchers vs. Aldi case shows that even if another company isn’t copying your brand name directly, they could still be infringing on your trademark through similar packaging, colours, or branding.
5. Failing to Renew a Trademark
Trademarks in the UK require renewal every 10 years. If you forget, you could lose your rights.
Case Study: EasyGroup’s Trademark Tumble – Why a Name Alone Isn’t Enough
Trademark disputes aren’t just about packaging, they also apply to brand names and words as this case study shows. Namely, EasyGroup, the parent company of EasyJet, which is known for aggressively protecting its “easy” brand, took EasyRoommate to court.
Sir Stelios Haji-Ioannou argued that EasyRoommate was unfairly profiting from the “easy” branding. However, the case took an unexpected turn when the court ruled that EasyGroup hadn’t been actively using some of its trademarks, meaning they weren’t enforceable.
What Went Wrong?
In its defence, EasyGroup used Wikipedia articles and YouTube videos to demonstrate its use of specific “easy” trademarks. However, the court found this wasn’t sufficient proof of real commercial use.
Key Takeaways for Small Businesses 
What we’ve learned from this case is that:
- You must actively use your trademark – If you don’t use it in business, you could lose your rights to it.
- Generic words are harder to protect – Trying to claim ownership over common words like “easy” can be tricky unless you have strong brand recognition.
- Proper documentation matters – If you ever need to enforce a trademark, keep records of your brand’s commercial use.
Trademark Protection: How to Protect Your Brand
There are many ways you can protect your brand and ensure your business’ success:
1. Register Your Trademark
To protect your brand, apply for trademark protection through the UK Intellectual Property Office (UKIPO). This gives you exclusive rights to your brand name, logo, or packaging in your industry.
2. Monitor for Infringements
Take advantage of tools like Google Alerts, social media tracking, or trademark watch services to catch any potential copycats before they become a problem.
3. Take Action When Necessary
If a competitor copies your brand, consult with a lawyer right away. In many cases, a well-drafted cease-and-desist letter can resolve the matter before it becomes more serious.
4. Keep Records of Use
The EasyGroup case highlights the importance of keeping records of your brand’s use, such as sales records, marketing materials, and website screenshots.
Final Thoughts
Trademarks and trademark protection aren’t just for big corporations like Thatchers or EasyJet. Every small business should take them seriously. Whether it’s protecting your name, logo, or packaging, proper trademark protection, registration, and enforcement can save you from costly disputes down the line.
And remember, if Aldi and EasyGroup can run into trouble, so can anyone. The key is to be proactive, know your rights, and take action before problems arise.
We provide two ways to support you with trademarks. You can book a virtual consultation with us to get some tailored advice. Or, you can opt for our ‘done for you’ service. If you are thinking of trademarking then get in touch and we can give you some guidance.