MYTH: I already have trade mark protection as I have registered my company name at Companies House and/or I have purchased a domain name for my business.

FALSE: Neither registering your name at Companies House nor purchasing a domain name provides trade mark protection. These are different systems with different laws. The only way to obtain trade mark protection is to register at the Intellectual Property Office.

The humble pasty may be under threat after the successful Brexit vote on 23 June 2016.

The Cornish Pasty along with 73 other British foods have protection under the EU Protected Foods Act. This Act offers producers the ability to protect their goods often related to the quality and the region of production by giving them what is known as Protected Geographical Indication status (PGI).

As you will know this is a large and well known coffee house based throughout the UK, and in Europe. The reasoning given by the EUIPO is that Europeans, especially Italians would understand the words Caffe Nero to mean “black coffee”. In order for a trade mark to be registrable it must be distinctive and not be descriptive. As the words are descriptive, the trade mark has been refused registration.