case studies

UK Brand Protection

The Business Issue:  A new client had invested considerable time and expense in coming up with a new brand name for their on-line clothing business and had also used a design agency to create them a logo and design their new website. They wanted to know how they could protect their brand name and logo in case others tried to copy their idea. They were also concerned as to whether the copyright in the logo would be owned by the design agency rather than them which could make it hard to enforce their rights in the future.

The Solution:  We recommended they take advantage of our UK Trade Mark Package as a cost effective way of both checking to see whether anyone else already had rights in their brand name, and also to obtaining a UK trade mark to protect their rights in the name and logo for many years to come. We also drafted a copyright assignment for both them and their design agency to sign in order to ensure all the rights in the logo were transferred to them.

The Result: The client is now the proud owner of both a UK trade mark registration and the copyright in their new brand name and logo so that if they need to enforce their rights against anyone copying their branding in the future, they will have strong rights to do so.

International Trade Mark Protection

The Business Issue:  Following a successful appearance on The BBC’s Dragons’ Den, a client was planning to start selling their products overseas and they wanted to ensure their valuable intellectual property assets were adequately protected.  They were also concerned that they could be asked to pay compensation if they unwittingly infringed the rights of anyone else in the countries concerned who had been trading there before them.

The Solution:  We carried out various legal clearance checks in the countries where they were planning to sell and advised them on whether by selling there, they would be infringing anyone else’s earlier rights to their name or a similar one. Once we knew where they were clear to trade, we filed an International trade mark covering all the countries of interest to them.

The Result: The client is free to continue to expand their business into the countries of their choice in the knowledge that they won’t be infringing any third party rights. They can also take comfort from the fact that they have protected their brand name by means of an International trade mark which they can use to prevent others entering the market with the same (or a similar) name in the future.

IP Audit

The Business Issue:  A new client was concerned that their business had seen a period of rapid growth and they were unsure whether their valuable intellectual property assets were adequately protected.

The Solution:  Through a series of meetings at the client’s offices and follow up calls and emails we carried out a Comprehensive IP Audit of the client’s existing intellectual property rights and put together a set of step by step recommendations for ensuring their rights are safeguarded for the future.  We have also taken over the management of their trade mark portfolio so that they can be certain not to miss any important renewal deadlines.

The Result: The client has the comfort of knowing that their rights are being properly protected allowing them to ensure that any future decisions are in line with their growth plans.  By outsourcing the management of their trade mark portfolio to us they have also freed up more management time to allow them to concentrate on running their business.

Trade Mark Opposition

The Business Issue: The owner of a small company contacted us after trying unsuccessfully to protect their brand by registering a UK trade mark. Their application had been opposed by a much larger company and they were concerned that not only would they not be able to obtain trade mark protection, but that the other company may try to stop them from using their name at all under which they had built up considerable goodwill over a number of years of trading.

The Solution: We contacted the IPO (UK Trade Marks Registry) on the client’s behalf and put forward various arguments as to why in our professional view, their mark should be registered, despite the evidence put forward by the lawyers acting for the larger company.

The Result: We managed to successfully defend the opposition against our client’s trade mark application and they obtained their trade mark registration shortly thereafter thus protecting the hard work they had put into building up their brand for many years to come.