'Essential' branding - Asda v Waitrose

Asda has decided to revamp its value brand and called it 'Just Essential'. Waitrose, who has its 'Waitrose Essential' range and trade mark registration, is not happy and sent a legal letter to Asda demanding a name change.

What surprises me is that there are other value brands with the wording 'essential' on the UK market which have been able to exist on the market to date. i.e. Aldi's range - Every Essentials or Bestway's range - Best in Essentials.

It will be interesting to see whether Waitrose will lock into a court battle with Asda over the trade mark 'essential' and whether they will be successful, given that 'essential' is arguably a term describing characteristics of the goods – referring to 'absolutely necessary' goods/groceries.

What this matter highlights is the importance of careful branding, searches and protecting of your brand.