Protecting Your Brand: What Tenderstem Broccoli, Jet Skis and Jacuzzis Can Teach You
Most of us have seen Tenderstem Broccoli on the supermarket shelf and just assumed it’s just another type of broccoli. But here’s the twist, it isn’t a variety of vegetable at all. It’s a brand.
Tenderstem was created by crossing Chinese kale and broccoli, but what really sets it apart is clever intellectual property protection. The name is a registered trade mark, and through consistent branding and careful enforcement, it has become so widely recognised that many people now use ‘Tenderstem’ as if it were the vegetable’s actual name.
It's not the only example, think Jet Ski, Jacuzzi and even Hoover. All are brand names that have become so ingrained in everyday language that they’re often confused with the product itself. That’s the power of trademarks: they often don’t just protect words or logos, they create recognition, trust, and commercial value.
But none of that happens by accident. Behind every strong brand is a deliberate intellectual property strategy: registering rights, maintain them, licensing them carefully and making sure they aren’t diluted by misuse.
So what does this mean for your business?
Getting the Basics Right: Copyright vs Trade Marks
Many business owners know they need a stand-out brand identity. With design software like Canva, Adobe Spark and countless free logo templates, it’s never been easier to produce something that looks professional.
But here’s the catch: just because you’ve created a logo using a template doesn’t mean you own it.
Copyright
Copyright arises automatically when an original creative work is made. If your logo was created from a template or stock design, it may not be considered original, meaning you may not hold copyright at all.
Even if a professional designer creates your logo, they will usually own the copyright unless it is explicitly assigned to you in writing. Paying for a design does not automatically make you the owner.
Trade marks
A trade mark protects the unique identifiers of your brand, which can be a logo, a name, a colour scheme. But in order to register a trade mark, you first need to own the rights to that design. If your logo came from a free template, you may be prevented from registering it.
How Trade Marks Protect Your Brand Value
Think back to Tenderstem. Its commercial success lies not only in the product itself, but in the recognition of the name. Without trade mark protection, the brand could not have built that level of trust and exclusivity.
Now imagine you’re preparing to sell your business. A potential buyer will look closely at your intellectual property portfolio. If you cannot prove you own your logo, your name, or your designs, your business value could drop significantly.
Equally, if you ever need to enforce your rights against a competitor copying your brand, you must first show that you own those rights. Without copyright assignments and trade mark registrations in place, your options may be severely limited.
Steps to Protect Your Brand
- Hire a professional designer and ensure ownership of copyright is assigned in writing (through a consultancy agreement with an IP assignment clause, or through an assignment agreement)
- Register your trade mark to protect your name, logo or other distinctive identifiers
- Monitor and enforce your brand to prevent dilution or misuse
- Review your IP portfolio regularly, especially before mergers, investment rounds or a business sale
Your brand is one of your most valuable business assets. Protecting it property can make the difference between a name that fades away and one that becomes part of everyday language.
At Acumen Law, our solicitors based in Brighton & Hove specialise in intellectual property law for those both local and nationwide. Whether you’re a start-up looking to secure your first logo, or an established company preparing for sale, we offer clear, expert advice on trade marks, copyright and brand protection.
Get in touch today and secure your brand for the future.
