Do run clearance searches before you commit to a new beer name or new markets – ideally a full search in your home/most important markets, but at least identical screening searches in others. Think laterally – not just other beer names but also soft drink, wine and even bar names could be a problem.

Do your own checks at the UKIPO, on Google and the usual beer databases like BeerAdvocate and Untappd, before getting professional advice to identify the biggest problems – and have a few possible names as back-ups (don’t get wedded to a single name too early on). Make sure you don’t get caught out and forced to rebrand at a critical moment which will cost you valuable money and management time.

Do file applications early on – especially if you’re talking to third parties. This proves the name is yours (disputes in collaborations are not uncommon) and avoids the risk of distributors, retailers or other business partners stealing your name. It also gives you valuable rights early on, before you have common law rights (resulting from sales).

Further down the line, having the right protection in place also shows to investors/purchasers that you know how to manage risk and protect your assets – think ahead to future due diligence and how your business will be perceived and valued.

In this industry, your beer and brewery names could well be the most valuable thing being invested in/sold, so make sure they are properly protected.

Do be pragmatic and focused when it comes to international brand protection. When you’re exporting, it’s easy to get swept up in to thinking all international enquiries will be your ticket to a lucrative exit – and to file lots of applications which could bankrupt you.

Take a step back, work out where the riskiest countries are, as well as those with the greatest commercial potential, and focus your efforts and budget there. You can’t do everything – and you don’t need “global” brand protection. Work out a strategic and sensible phased filing plan with your attorney – and review progress and market performance on a regular basis, to check you have your priorities right.

Do watch out for logos changing which could put your registrations at risk. If you’re not using your logos “as registered” as a result of the inevitable “brand refresh” then they will become unenforceable and cancellable over time for “non-use”.

So hold off filing applications until your logos are fixed and (hopefully) set to stay; and keep brand refreshes to a minimum (or at least make sure your marketing people are aware of the consequences and costs of their decisions ie if new applications are needed).

Do think creatively when it comes to brand protection. You can’t file applications everywhere but having the right clauses in contracts with third parties can go a long way to protecting you. Make sure they acknowledge you own the rights to your name and agree not to file applications or challenge yours.

Then if things go wrong, at least you’ve got them for breach of contract, if not also for trade mark infringement. The mere act of signing such an agreement may also deter them. Remember also to use TM and ® where appropriate and to include statements of IP ownership on websites, labels etc to send out a strong deterrent message to third parties.

Now here are the don’ts

Don’t assume your domain or company name gives you the right to use the name. Registering a domain or company name is a purely administrative process – and your use of that name could still be infringing someone else’s registered or unregistered rights. Make sure you carry out the right checks early on, to make sure the money you’ve invested (especially in a domain) is on an asset you can actually use.

Don’t assume your registered trade mark gives you the right to use the name. A trade mark entitles you to stop others using that name or a similar name, it doesn’t guarantee your own freedom to use, since you could still be infringing a third party’s earlier trade mark or common law rights. Again, make sure you carry out the right clearance checks early on, to avoid any nasty surprises down the line.

Don’t forget to take assignment of the copyright in any creative work (logos, labels, beer taps, websites etc) you’ve commissioned. In the UK, the designer will own the rights unless you’ve had them specifically assigned or included the right clauses in your contract with them. Since most design work is carried out without a formal contract in place, it’s likely an assignment will be necessary.

Getting it sorted now will be much easier than years later, when you’ve lost the designer’s contact details or they try to charge you an extortionate sum for this subsequent assignment. Again, think ahead to the due diligence at investment/sale and make sure you can prove you own all the assets you’re planning to sell.

Don’t think that once your name is registered, your work is done. Reviewing your portfolio regularly, to make sure it continues to match and support your evolving business plan, will pay dividends.

Make sure you identify any new beers you’ve introduced, any new markets that have risen in importance and any new names or logos that are being used.

Do also keep an eye on what other breweries are doing, by informal or formal watches, and consider challenging them if they get too close.

Don’t be an ostrich – if you think there could be a problem in the future, deal with it now, on your terms, rather than leaving it to fester and catch you out later on in due diligence or otherwise.

This applies to ownership disputes, third party marks which are barriers in your key markets, squatter marks, disagreements with distributors, people copying you and so on. u