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Andrew Marsden is a UK-based Trade Mark Attorney and litigator at Wilson Gunn, specialising in brand protection, UKIPO advocacy, and dispute resolution for businesses operating in fast-moving and regulated markets.
For Andrew Marsden, Trade Mark Attorney and litigator at Wilson Gunn, a career in intellectual property wasn’t part of the original plan. In fact, he once imagined a future in the Royal Marines. But a combination of early exposure to legal practice, an encouraging lecturer, and a growing fascination with how brands are built and protected set him firmly on the path to becoming one of the UK’s most experienced and commercially attuned trade mark specialists.
Today, Andrew is known for his clear, pragmatic advice; his ability to navigate complex disputes; and his strong advocacy record before the UKIPO and the Appointed Person. He also works with clients across fast-moving industries—including e-cigarettes/e-liquids and fashion—where strategic brand protection and practical enforcement are crucial.
From the Royal Marines to the Rolls Building
Andrew initially studied law while considering a military career, but work experience at a solicitors’ firm in his hometown of Grimsby and a nudge from a university lecturer led him to pursue a master’s degree in IP. What began as curiosity blossomed into a profession he has now worked in for more than two decades.
His first role was within BAT’s IP department (Batmark) in the late 1990s—a foundation that equipped him with a strong understanding of brand strategy, global portfolio management, and the commercial realities facing fast-growth consumer industries.
A Commercially Grounded Approach to Client Success
Andrew describes himself as commercially aware and proactive, a combination that shapes how he approaches every matter at Wilson Gunn.
“Of course the legal position is important,” he explains, “but I always try to understand what the client is trying to achieve. The final ‘legal’ outcome isn’t always the best route for them.”
His focus is on resolving issues in practical, cost-effective ways while ensuring clients can continue pursuing their business objectives. This mindset is especially valuable in contentious matters, where the best solution isn’t always the most adversarial one.
Expertise in Fast-Moving Industries: E-Cigarettes and Fashion
A significant part of Andrew’s career has involved working with clients in the booming e-liquid and vaping industry—a relationship that began early in his time at Wilson Gunn. One of his first clients, then a small start-up, has since expanded to selling in 30–40 countries, and Andrew continues to protect and develop their global brand architecture.
His background at BAT naturally aligned him with this sector, though he laughs: “I don’t smoke or vape!”
He also advises clients across fashion and other lifestyle sectors, where brand distinctiveness, packaging, and fast-moving trends demand a thoughtful IP strategy.
Advocacy at the UKIPO: “It Keeps Me Sharp”
Andrew has built a strong advocacy practice, appearing regularly before the UKIPO and the Appointed Person. He values the challenge:
“I like to think I present a case in a persuasive and convincing manner. Some points don’t translate as clearly in writing as they do during a hearing.”
Memorable moments include:
- Achieving a six-figure settlement in a contentious e-cigarette case alongside Guy Tritton.
- Early appearances at the Rolls Building—“daunting” but formative—before Geoffrey Hobbs KC and Daniel Alexander KC.
- His involvement in the high-profile Dairy UK v Oatly case, which has progressed from the UKIPO all the way to the Supreme Court.
Helping Clients Avoid Common Pitfalls
For Andrew, one recurring issue stands out: businesses waiting too long to think about IP.
The perception that IP protection is expensive often deters early action, yet failing to secure rights can lead to far greater costs later—from rebranding to damages. At Wilson Gunn, Andrew and the team work flexibly to help businesses put early, scalable protection in place.
Balancing Strategy, Enforcement & Commercial Realities
Andrew emphasises that strong searching and filing strategies lay the groundwork for smoother enforcement. But when disputes do arise, he explores all available routes—not just litigation—including coexistence agreements, licensing, and the strategic use of social-marketplace IP complaint procedures.
In many cases, these online enforcement channels allow him to shut down infringing accounts quickly and cost-effectively, helping clients resolve problems with minimal disruption.
Tailored Support for Every Type of Client
Wilson Gunn represents individuals, SMEs, and global blue-chip companies. Andrew adapts his approach accordingly—from in-depth audits and seconded support for large clients to accessible, hands-on guidance for smaller businesses.
He prides himself on being approachable and available: “A call or text outside office hours is never an issue.”
Trends Shaping the Future of Brand Protection
Like many in the IP profession, Andrew is closely watching the impact of AI, as well as evolving regulations in the e-cigarette sector and the challenges of protecting brands across online marketplaces.
He notes a rise in misuse of trade marks and designs to gain unfair advantages online—a trend that makes proactive monitoring and enforcement more important than ever.
Looking ahead, he sees challenges but also opportunities:
“AI will generate more demand for IP. We just have to keep up with developments—and we have a growing, strong team at Wilson Gunn capable of meeting the challenge.”
Life Beyond IP: Cycling, Surfing & Staying Active
Outside of work, Andrew is passionate about cycling and staying fit. Although winter has pushed him toward Zwift sessions, he’s completed several sportives—“Tour de Manc was a good one”—and, more recently, has rekindled his love of surfing.
For more information on Meet the IP Professional: Andrew Marsden – Advocacy, Commercial Insight & a Passion for Brand Protection talk to PatWorld Ltd