In a decision likely to be studied across the SME community, a small financial-trading education business has seen off TikTok Information Technologies UK Limited, the British arm of ByteDance, one of the world’s most valuable technology companies, in a two-year trade mark dispute before the UK Intellectual Property Office (UKIPO).
TickTickTrader Ltd, an Isle of Man-based platform that trains aspiring futures traders, applied in April 2023 to register the mark ‘TickTickTrader’. The name is drawn from trading floor terminology: a ‘tick’ is the smallest permissible price movement on a futures exchange. TikTok’s legal team, drawn from one of the world’s largest law firms, opposed the application outright, arguing that the name was confusingly similar to its own globally recognised brand and risked diluting its reputation. An accompanying cease-and-desist letter gave the start-up 14 days to withdraw the application, abandon the name and sign undertakings.
For a company of around 50 employees, the demand was existential. It refused.
On 19 February 2026, Hearing Officer Mrs E Fisher dismissed both grounds of TikTok’s opposition in full and ordered TikTok to pay TickTickTrader’s costs. The appeal window has now closed and the decision is final.
‘Tick Tick’ is not ‘Tik Tok’
The Hearing Officer found the two marks to be visually and aurally similar only to a medium degree, and, crucially, conceptually dissimilar. Where TikTok evokes the sound of a clock, TickTickTrader was held to conjure the image of a trader methodically ticking off positions, gain by incremental gain. The word ‘trader’, the officer ruled, was neither irrelevant nor purely descriptive: it formed an integral part of the overall impression of the mark.
“I find there is no likelihood of direct or indirect confusion,” the decision states. The officer also rejected TikTok’s argument that consumers would assume TickTickTrader was a brand extension in the same family as TikTok Shop, TikTok Pay or TikTok Live, describing that logic as unconvincing. “I find that there is no link between the marks,” she wrote.
She added that buyers of education and training services, typically high-attention, considered purchases, were highly unlikely to confuse two marks with such clear visual, conceptual and commercial differences. TikTok’s reputation, however considerable, did not entitle it to monopolise the market.
Big tech, small business – and the cost of standing your ground
TickTickTrader fought the opposition with Trade Mark Wizards, the London-based intellectual property firm backed by Lord Sugar, who is also a director of the company. For Trade Mark Wizards, the case is emblematic of a wider pattern in which large corporations rely on the disproportionate commercial pressure of legal proceedings to push smaller rivals into surrender, regardless of the underlying merits.
It is a pattern this magazine has documented before, from Rolex demanding that a Devon children’s clock start-up change its name to the steady stream of cease-and-desist letters dropped on UK founders by global brands. As Business Matters has previously argued in its guidance for founders accused of trade mark infringement, not every claim is legally sound, and capitulating without a proper assessment can prove far more costly than fighting back.
Lord Sugar, director at Trade Mark Wizards, said the TickTickTrader case carried a familiar shape.
“I’ve been in business long enough to recognise this pattern straight away,” he said. “Big companies think they can throw their weight around and that smaller businesses will just roll over because they can’t afford the fight. That’s not how it’s supposed to work. What mattered here is that the claim didn’t stack up — and when it was properly tested, it failed. You don’t get to own every name that sounds vaguely similar to your own just because you’re a big brand. If you’re right, you’re right. If you’re not, you lose. Simple as that.”
Oliver Oguz, managing director of Trade Mark Wizards, was equally direct. “The playbook used to be simple,” he said. “If you’re a big company and a small business gets in your way, you throw lawyers at it and wait for them to blink. That playbook is finished. This decision is proof that the rules apply to everyone, regardless of how many zeros are in your legal budget. TikTok had every resource in the world at its disposal. They still lost because the facts didn’t support them.”
A board member of TickTickTrader described the moment the ruling came through.
“We were effectively being asked to give up our brand entirely. For a small business, that’s not just a legal issue, it’s your identity, your work, everything you’ve built. It would have been easy to walk away, but we knew the name meant something and we believed we were right to keep it. Having the right support around us made all the difference.”
What founders can take from the ruling
For start-ups and SMEs watching from the sidelines, the case offers three practical lessons. First, the UKIPO’s standard opposition process is structured, evidence-led, and decided on the law — not on the relative size of the parties. Second, a defence grounded in the genuine meaning and commercial context of a brand name can defeat a much larger opponent. Third, as our own legal contributors have long argued in pieces on brand protection and the power of IP, independent legal advice from specialists, rather than reflexive capitulation, is often the decisive factor in determining whether a name survives.
The UKIPO has confirmed that TickTickTrader may now proceed to full trade mark registration, which the company has also secured in several key global territories. TikTok has been ordered to pay £1,700 in costs. The figure is modest in headline terms, but reflects the tribunal’s clear view on the merits, and, for the wider SME community, the symbolism is anything but small.
Jamie Young
Jamie Young is Senior Reporter at Business Matters, covering SME finance, employment law and Westminster policy since 2016. He has reported on every Budget and Autumn Statement since 2018, helped make sense of the 'covid era' and the bounce-back loan scheme from launch through the fraud investigations, and broke the magazine's coverage of the 2024 late-payment reforms. He joined Business Matters straight from completing his BA in Administration from Exeter University and is NCTJ-qualified. Reach him at jyoung@cbmeg.co.uk
