NaeBadSpud takeaway in Aberdeen must change name over trademark

An Aberdeen takeaway called NaeBadSpud is having to change its name as another food business has the trademark for “Nae Bad”.

Owners Angela McCall and David Groves opened the baked potato shop earlier this year but recently heard from solicitors for Nae Bad Food restaurant in Elgin, Moray.

Ms McCall said now changing their name to NaeJustSpuds was costing thousands, but that they were determined to survive. Nae Bad Food said it wanted to use its trademark “without ongoing confusion”.

Nae bad is “not bad” in daily Scottish dialect – often a reply when a person is asked how they are doing.

NaeBadSpud opened in June in Byron Square in the Northfield area of the city.

Ms McCall and Mr Groves thought there was a gap in the market locally, so sold another business to focus on their new venture.

When deciding the name for the business, Ms McCall said they thought “nae bad” was “catchy and had a good ring to it”.

However, they then received the legal objection on the food business trademark issue.

“I was surprised and shocked, because we thought we’d done everything correct,” Ms McCall, 43, said.

“I can understand trademarking a business name, but to trademark a Scottish phrase that so well-known, it’s crazy.”

However Nae Bad Food said its position was not that it was “claiming exclusive rights over the words ‘Nae Bad’ in general”.

A statement read: “Rather, we hold a registered trade mark for ‘Nae Bad’ specifically in connection with food, restaurant and takeaway services, and it is this trademark, the associated rights and our business that we are seeking to protect.”

Ms McCall said they would now have to change things such as all the signs inside and outside the shop, the staff uniform, menus and business cards.

In total, she said they would have to spend well over £5,000.

“Obviously it’s quite disheartening to feel you threw money away, a lot of stress, a lot of upset, a lot of financial loss,” she said.

“We’ve only been operating a few months so to have that much of a financial change, it’s a lot. It’s a massive amount of money and I’m not going to lie, money like that for a new business starting could financially crush a business.”

Ms McCall hopes sharing their story will raise awareness among other small businesses starting out.

“Look into it a bit more,” she said. “Educate yourself and make sure you’ll fully protected.”

Nae Bad Food said there has been confusion between its restaurant and NaeBadSpud, which did not help either business.

It added: “We simply wish to use our trademark freely and without ongoing confusion.”