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When long established deluxe gift boxed chocolate dipped strawberries company Wicked Berries wanted to commence building franchises, they needed to more formally define their brand to allow licences to be issued.
Opened in 2011, Wicked Berries is built around the Horned Strawberry, originally produced as an add-on to an already successful wedding-cake making business. The demand that followed was so great that Wicked Berries had little choice but to become a company in its own right.
They approached Franke Hyland when their original applications to trade mark Wicked Berries was rejected because other registered food items had already incorporated “Wicked” and “Strawberries” in other applications.
Franke Hyland were able to demonstrate a prior continuous use of the term and that the trade mark would not pose any significant risk of misleading the market place. Many factors needed to be taken into account such as previous photos, marketing material and accounting records – all of which were able to shift the weight of evidence into getting their trade mark registered.