Singhsbury’s case and intellectual property trademarks

Updated on September 8, 2026

Litigation and Dispute Resolution

Intellectual Property Trademarks

The case of a local shopkeeper and an introduction to trademarks A shopkeeper who claimed he was threatened with legal action after calling his shop Singhsbury’s has changed its name to Morrisinghs. Jel Singh Nagra’s shop had no name for five years after he said Sainsbury’s complained. He has now put up a new sign naming his store Morrisinghs, in a bid to put his village of West Allotment, North Tyneside, on the map. A spokesman for Morrisons said the supermarket “did not mind”. “Mr Nagra and his customers obviously have good taste, so we wish him well,” he added. Mr Nagra’s family took the old sign down when Sainsbury’s complained. Mr Nagra, who commutes 50 miles from Stockton to the shop in Benton Road, spent £350 on the new sign which he said was “a talking point”. “It is just a bit of banter and fun – it’s not like we get passing trade – we are not stealing customers from supermarkets,” he added. “Originally when I was away on my honeymoon in 2012, I got a letter saying that Sainsbury’s was threatening to take me to court. “My family saw the letter and took the sign down because they were so worried. My customers kept saying I needed another sign so here it is and it’s a bit cheeky.” The shop had already been called Singhsbury’s for two years when Mr Nagra took it over from a family member in 2011.

What is a trademark?

A trademark is defined as “any sign capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or, of their packaging, provided that such signs are capable of distinguishing the goods and services of one undertaking from those of other undertakings”. The essential function of the trade mark is to guarantee the origin of goods and services, and the law of trade marks has been designed to promote that essential function. If you are unsure whether a sign is a trademark, ask yourself whether it has this essential function. Domain names used in the course of a business are, in one aspect, being used as trademarks. One of the most important features of trademark protection is that it relates to specific goods and services. Consequently, a single sign may be registered by different companies in respect of different goods and services.

Research

Before you choose a trademark for your business (e.g. choosing a domain name or a name for a new product or service) it is usually sensible to conduct some degree of trademark search to determine whether your proposed mark might infringe another’s rights. At the very least, you should search using the major search engines for examples of actual use, and search at the key trade mark registries. If the new mark represents a significant investment, you should instruct a trademark professional to conduct the search.

Infringement

You may infringe a registered trade mark if you use in the course of trade a sign which is:

identical to a registered trade mark about goods or services which are identical to those for which is it registered; or
identical or similar to a registered trade mark about goods or services which are identical or similar to those for which it is registered where there exists a likelihood of confusion (which includes association) on the part of the public; or
identical or similar to a trade mark which has a reputation in the UK where the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.

The best defence

There are lots of arguments and tactics you can use to defend yourself against a claim of trademark infringement. If the trademark has become generic (e.g. gramophone), or if the trademark is over five years old and the owner of the registration hasn’t used the trade mark in the five years preceding the claim, you can seek to have the registration revoked. If the trademark should never have been registered, for example, because it conflicts with an earlier trade mark, or did not meet one of the other basic criteria for registration, you can seek to have the registration declared invalid. The difference between revocation and invalidity is that the former affects the validity of the mark from the date that revocation is ordered, whereas the latter invalidates the mark ab initio, in effect re-writing the mark’s legal history.

Applying for a trademark

You can instruct a trade mark attorney or solicitor to prepare and file your trademark application, or if you prefer you may do it yourself. If the brand which will be protected by the mark represents a substantial investment, it is usually worth instructing a professional. Full details of the application procedure are posted on the website of the UK Intellectual Property Office.