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Has someone used your business name or logo? How to protect your trademark through enforcement

Palmers Solicitors Business News 19 January 202611 February 2026

Businesses often spend months choosing the right name and logo that reflects their brand and appeals to customers.

If a competitor starts using a similar name or logo, it can leave your customers confused or even damage your brand due to the associations.

One of the most effective ways to protect your business’s trademark is through enforcement.

Our Supervising Director, Luke Morgan, explains how to protect your trademark and why enforcement is needed.

What is a trademark?

A trademark is a form of IP that protects a unique sign used to distinguish your goods or services from those of others.

These can include business names, logos, slogans, sounds or a combination of them.

In the UK, trademarks do not arise automatically and must be registered with the UK Intellectual Property Office (UKIPO).

UK trademarks must also be registered within one or more of the 45 different categories of goods and services.

Why do I need a trademark?

Registering your business name or logo helps prevent others from using the same or a confusingly similar name in your sector.

Without a registered trademark, another business could form a similar brand and potentially damage your reputation.

A word mark can offer greater protection for a trademark as it is your business name in plain text and covers the use of the name in any style or format.

Logos can also be registered, either on their own or alongside your name and this is beneficial if your design is distinctive.

Why is trademark enforcement needed?

When you spot any unauthorised use of your brand, trademark enforcement can help you protect your IP rights.

In the UK, enforcement usually relies on rights under the Trade Marks Act 1994 or the common law action of passing off if no registration exists.

A registered trademark gives you exclusive rights to use your sign for the goods and services covered and makes infringement easier to prove.

If you do not have registered rights, protection can often be enforced through passing off, but this requires more evidence.

You must prove that you have goodwill and that there has been misrepresentation or damage. However, this process can be time-consuming and often makes claims more difficult.

What should you do if you think infringement has occurred?

Under the Trade Marks Act 1994, infringement usually occurs when a sign identical or similar to your own has been used in the course of trade.

If this is used in relation to similar or identical goods or services to your own, it may leave your clients confused or even damage your brand or reputation.

If you think someone has infringed your trademark, you must gather sufficient evidence.

This can include dated screenshots of infringing websites, listings, adverts or social media posts or physical evidence such as packaging or products.

Businesses must know their rights so that they can identify the relevant registrations, filing dates, classes and any goodwill they have built.

If you are unsure of your rights or whether there is evidence of harm, you must seek legal support.

Once an infringement is clear, you must choose the right enforcement strategy. Some situations will call for early informal contact, but others will justify a formal cease and desist letter or platform takedown.

You must take care to avoid unjustified threats, as UK law places restrictions on infringement threats in certain circumstances, such as if no relevant IP right exists.

How can we help?

Many disputes are resolved through a cease-and-desist letter that clearly sets out your rights and proposes a solution, such as rebranding within a set timeframe or providing undertakings.

Online platforms and marketplaces are also more likely to act quickly where a registered trademark is involved.

If infringement continues, then negotiation or legal proceedings may be necessary and you should seek the right professional help.

Our expert team can help you protect your IP rights and trademark and take action on your behalf if a dispute arises.

To learn more about how to protect your brand or IP rights, contact our Intellectual Property team today.

How to prepare your estate for the recent reforms on APR and BPR

Palmers Solicitors Business News 19 January 202611 February 2026

The Autumn Budget 2025 has introduced further reforms to Agricultural Property Relief (APR) and Business Property Relief (BPR), which will affect many working individuals and business owners.

However, in a surprising announcement, Chancellor Rachel Reeves has now increased the proposed threshold to £2.5 million, with the changes due to take effect on 6 April.

Despite this welcome increase, there will still be additional tax liabilities, especially where assets have been passed down through generations.

Our Supervising Department Director, Donna Smy, explains how the Autumn Budget will affect your Will and estate planning.

What are the main reforms?

One of the most debated aspects of the recent Autumn Budget was the decision not to revise the thresholds that were originally announced in the 2024 Budget.

The 2024 Budget announced assets that currently qualify for 100 per cent APR or BPR relief would be reduced to 50 per cent relief on values that exceed a £1 million allowance.

Following the recent announcement, couples will now be able to pass on up to £5 million of agricultural or business assets between them, on top of the existing allowances such as the nil-rate and residence nil-rate band.

Farmers, business owners, investors and anyone relying on these reliefs are amongst those targeted and understanding how it affects your estate planning is important.

In addition, Alternative Investment Market (AIM) shares will see their BPR reduced from 100 per cent to 50 per cent, affecting long-term investments and succession planning.

How should you prepare your finances for the reforms?

Many existing estate plans may have not accounted for fiscal drag or the challenges faced by asset-rich, cash-poor estates, such as family farms and businesses.

While lifetime gifting has traditionally been an important part of succession planning, there is now alternate approaches on how to manage IHT liabilities.

Careful estate planning remains crucial with further IHT reforms expected, including the inclusion of unspent pension pots.

These changes may mean that:

Existing Wills no longer reflect current policies
Lifetime gifting plans need to be reviewed
Families may require greater liquidity to fund future IHT bills
Trusts needing to reassess the 10-year IHT charges and exit charges on distributions

Families dealing with incapacity or outdated Wills may have challenges updating their affairs in time before April 2026.

Seeking early professional advice can help assess what the new reforms and policies mean and how they will affect your estate and assets.

Why is financial planning needed?

With less than four months before the rules take effect, many individuals may struggle to review their Wills or consider lifetime gifting in time.

Protecting your family’s wealth is important and our specialist team can help assess how the new APR and BPR limits will affect you.

Taking early action is important to giving you the best chance of reducing inheritance tax and preserving your assets.

If you require advice on how to pass your estate on as efficiently as possible, contact our Wills, trusts and probate team.

What should you do if you have experienced racial discrimination in the workplace?

Palmers Solicitors Business News 19 January 202611 February 2026

Experiencing racial discrimination at work can be deeply upsetting and damaging to your wellbeing and career.

It is important to know that racist behaviour in the workplace is unlawful, regardless of whether it comes from an employer or a colleague.

You have the right to work in an environment that is safe and respectful. We can help you understand your rights and how to address a situation when you have faced discrimination.

Our Associate Solicitor, Kristie Willis, explains what the right steps are when you have experienced racial discrimination.

What is racial discrimination in the workplace?

Under the Equality Act 2010, race is a protected characteristic and it is illegal to discriminate against someone due to their race, colour, nationality and ethnic or national origins.

Racial discrimination is not always direct and can be indirect, where workplace policies and practices disadvantage certain racial groups.

Other forms can include racial harassment, such as offensive comments or behaviour and victimisation, where you are treated unfairly because you raised concerns about discrimination.

Examples of racist behaviour include:

Being called racist names
Being subject to racist ‘jokes’ or ‘banter’
Receiving offensive messages on social media
Being denied opportunities and benefits
Not receiving the same level of support as colleagues
Discrimination at any stage of employment
Bullying on the basis of race

Even behaviour passed off as humour can be unlawful if it creates an intimidating or hostile work environment.

If you notice behaviour that feels unfair or discriminatory, it is important to take it seriously.

Keeping a written record of what happened, when it happened and who was involved can be extremely helpful if you later need to raise a complaint or seek legal advice.

What steps should you take if you have experienced discrimination?

In some situations, raising your concern with your manager or HR department can help resolve the issue.

Most employers have policies and procedures in place to deal with discrimination and harassment.

These often include a formal grievance process or confidential reporting channels, although many employees prefer to raise concerns informally initially.

It is important to follow these procedures carefully and keep copies of any correspondence or documents you submit.

Employers are expected to take a zero-tolerance approach to racial discrimination and investigate any complaints promptly and fairly.

If internal procedures fail to address the discrimination, you may wish to explore mediation or seek legal advice.

Mediation can sometimes help both sides reach an agreement with the support of a neutral third party.

For more serious cases, you may consider an Employment Tribunal claim, but these time limits are very strict.

You can claim within three months from when the discriminatory act occurred, although you must undertake ACAS Early Conciliation which will extend the time frame to pursue a claim. Seeking early support is crucial due to the short deadlines.

How can we help?

No one should have to tolerate racial discrimination at work and acting early and keeping clear records can help you take control of the situation.

Informal resolution may be appropriate in some cases, but we can help provide you with clarity and protection if the matter needs to be taken further.

We can advise you on your case and guide you through the grievance procedures, negotiations or tribunal claims.

We can also communicate with your employer on your behalf to help take some of the legal weight off your shoulders.

To learn more about how to protect your rights when experiencing discrimination, contact our Employment Law team today.

What should I do if my ex has broken our Child Arrangements Order?

Palmers Solicitors Press Releases 19 January 2026

When you and your ex-partner are going through a divorce, coming to an agreement on child arrangements is not always straightforward.

If you are unable find a solution through Alternative Dispute Resolution (ADR), a Child Arrangements Order (CAO) may be required.

A Child Arrangements Order (CAO) is a legal Order put in place by the Family Court that determines where your child should live and how much time to spend with each parent.

If your ex-partner breaches this Order, you must understand what steps you can take to protect your child’s welfare and your parental rights.

Our Head of the Family Department, Karen Bishop, explains what you should do if a breach occurs.

What is a CAO?

A CAO sets out how parental contact will take place and this contact can be face-to-face, overnight, supervised or indirect, such as phone or video calls.

Every CAO is based on the child’s individual circumstances and what the Court believes is in their best interests.

The contact agreement usually remains in force until the child turns 16 years old and the child’s living situation usually remains until they are 18 years old.

What counts as a breach of an agreement?

A breach occurs when one parent fails to comply with the obligations of the Order without a reasonable excuse.

Common examples include:

Preventing the other parent from seeing the child during court-ordered contact
Repeatedly cancelling or shortening contact
Moving the child without consent or court permission
Refusing to follow other specific terms of the Order

While minor or one-off issues may not result in court action, breaches that are repeated or deliberate are taken seriously.

It is important to keep a clear record of all breaches, including dates, times and any supporting messages or evidence, in case the situation needs to be taken further.

What happens if the Order is breached?

If your ex breaches a CAO, nothing will automatically happen straight away, as the Court does not actively monitor compliance once an Order has been made.

Action is only taken if you raise the issue and this is usually done by making an application to the Family Court for enforcement of the Order.

Once an enforcement application is made, the Court will look at whether the Order has been breached and if your ex had reasonable excuse for not complying.

If the breaches are deliberate or repeated, they will be treated much more seriously, especially when they affect the child’s welfare or your relationship with them.

If the Court believes the breach has occurred without reasonable excuse, they may order your ex to allow make-up contact time to compensate for the time missed with your child.

The Court can impose financial consequences or change the existing CAO if it is no longer working in the child’s best interests.

They may even impose fines or a prison sentence for contempt of court, but this is rare and only used when enforcement options have failed.

What are the first steps to take if there is a breach?

If it is safe to do so, you should try to resolve the issues directly with your ex, as misunderstandings can sometimes be resolved without court action.

Mediation may also help and is usually expected before making a court application, but you should seek legal advice when a breach has occurred.

We can help you gather evidence and advise on how to enforce your application so that you can protect your child early on.

To learn more about a Child Arrangement Order and how to enforce it, contact our Family Law team today.

How can director disputes be resolved?

Press Release Blog, Business News 12 January 20267 May 2026

When there is friction at the board table, everyone suffers.

Disagreements between directors can disrupt decision-making, damage working relationships, harm public perception and, in some cases, threaten the stability of the business itself.

The longer the tension is left to fester, the harder it becomes to resolve.

It can be even more challenging to resolve these matters where a company has only two directors, especially if both hold equal shares.

In this situation, a disagreement can lead to a complete deadlock and important decisions cannot be made if neither director is willing to compromise.

Common reasons behind director disputes

Director disputes are not uncommon, particularly in small and medium-sized businesses, family-run companies and startups.

Some of the main reasons for these conflicts include:

Personality clashes
Different views on the direction of the business
Disagreements over pay and workloads
Misunderstandings over responsibilities
Allegations of misconduct

If these issues are not addressed early, they can lead to more serious problems.

In some cases, disputes may involve allegations that a director has breached their duties, thereby exposing individuals to personal liability.

More serious situations can even result in formal disqualification proceedings.

Resolving conflict between directors

There are a few options to consider when hoping to resolve a director’s dispute. The right solution will depend on how severe the situation is and the context of it.

However, the starting point for most disputes (where possible) is usually open communication.

Directors should find a moment to sit down together and discuss their concerns calmly.

For this to work, the focus needs to be on the business and what is best for it, not on any personal grievances that may be at play.

If these discussions don’t result in a solution that all parties are satisfied with, mediation could be the next step.

Involving a trained third party in the discussion can help directors communicate more effectively, providing an impartial viewpoint of the situation.

Without a personal stake in the conflict, the mediator can identify the root cause and work towards a solution everyone can accept.

Keeping accurate board minutes and records ensures a transparent account of what was agreed and why, helping prevent misunderstandings from escalating into formal disputes.

In more serious cases, legal advice may be required.

Solicitors specialising in corporate governance can provide guidance on directors’ duties, shareholder rights and potential remedies, helping to protect both the company and individual directors.

Get expert support with director disputes

We understand that with so much else to attend to when you’re running a business, sitting back and hoping a dispute blows over on its own can seem appealing.

However, ignoring tension is very unlikely to make it disappear, so directors in disputes should aim to resolve matters as quickly and as amicably as possible.

If you feel a director dispute is brewing or you’re in the middle of one, please contact us for support.

Essex employment solicitor advises on work and pay during adverse weather conditions

Press Release Blog, Employment Law, Press Releases 9 January 202611 February 2026

With the first snowfall of 2026 affecting large parts of England this week and more expected to come, Kristie Willis, Employment Solicitor at Palmers Solicitors, is reminding employers and staff of their rights and responsibilities.

“Employers have a duty of care to protect their staff,” Kristie said. “That does not stop when the weather takes a turn for the worse. If the authorities advise against travel, employers should not expect employees to risk their safety just to get into work.”

She emphasises the importance of creating contingency plans for scenarios where the weather disrupts business operations.

“A clearly drafted adverse weather or travel disruption policy makes a huge difference as it sets out expectations for everyone.

“For example, can staff work from home? Could start times be flexible? Sharing the policy in advance allows employees to ask for clarification on anything they are unsure of to avoid confusion.”

Kristie also addressed the question of closing workplaces as a safety measure.

“If it is unsafe to open, employers should consider closing the business. Staff are usually entitled to pay if the workplace closes, because they are ready and willing to work.

“That changes only if the contract specifically allows for lay-offs or short-time working.”

For employees unable to attend work while the workplace remains open, how they are treated can vary depending on the employer.

“ACAS suggests pay is not required if someone cannot get to work due to snow or ice because they are not fulfilling their contract of employment.

“However, I would like to state that there is no conclusive case law supporting this sentiment.

“When deciding whether to pay employees who don’t show up to work due to weather conditions, employers should consider what stance they have taken in the past.

“If staff have been paid for bad weather before, suddenly withholding pay could cause disputes. Ideally, the employee’s contract and the employer’s policy will make the situation clear.”

Kristie also stressed fairness for those with caring responsibilities, for instance, where they have children.

“If schools close, employees have a right to take reasonable time off to care for their children, though this is usually unpaid.

“Employers should be cautious of paying employees who cannot travel to work but not paying employees who cannot attend work due to caring for dependents to avoid discrimination claims arising as a result.

“Providing options like annual leave, making up the time or working from an alternative location helps avoid complaints.”

Palmers Solicitors can provide guidance to employers on drafting or reviewing adverse weather policies to help keep business operations running smoothly.

For more information, please contact Kristie Willis.