Intellectual Property Update
December 2020 was an actioned-packed month with a Brexit deal, more vaccine news and stricter lockdown measures to name but a few developments. It was also a busy and varied month for the Intellectual Property team at Forbes, and this update will briefly focus on some examples of how we have assisted clients in expanding and protecting their intellectual property portfolios both in the UK and further afield:
- Following the submission of a UK trade mark application covering the name of our client’s unique service offering in the healthcare sector, the application was initially objected to for being too descriptive. We promptly prepared correspondence to rebut this objection, which was successfully overturned in its entirety as the Examiner was satisfied by and agreed with the arguments put forward.
- Assisting Forbes’ Corporate and Commercial Property teams in an asset sale matter, the Intellectual Property team negotiated and prepared a trade mark assignment deed to facilitate the transaction.
- Many of our clients returned to work after the festive break with the positive news that their UK trade marks had been successfully registered. These clients included those in the private education, fitness and homeware sectors.
- We have submitted a number of trade mark applications in December, including a word mark covering 9 NICE classes relating to interior design goods and services, and a unique logo for an alcoholic beverage company.
- Upon receiving a ‘Notice of Threatened Opposition’ to a trade mark application, our client sought advice from the Intellectual Property team at Forbes and we are currently finalising a settlement agreement with the opposition’s representatives with the outcome permitting our client to continue trading under the name which was the subject of the trade mark opposition.
- We have prepared comprehensive overviews of a number of our medium-large company clients’ existing intellectual property rights, both in the UK and in other jurisdictions, and provided advice on the opportunities for growth and further protection. Examples of such opportunities include registering unique strap lines and logos as trade marks and submitting new trade mark applications to cover adequate goods or services as a company’s offering has expanded over time.
- In accordance with a number of our clients’ long-term brand strategies and expansions into the US, Australia, the UAE and other jurisdictions, we have prepared a number of reports providing advice on applying for protection in other jurisdictions, the process involved any risks to be aware of prior to submission.
Forbes’ Intellectual Property team assist clients with numerous areas of intellectual property work at a range of different stages of both non-contentious and contentious matters, and we look forward to continuing to do so in the new year.
Depending on the goods and services that your business provides, there are a variety of intellectual property rights that you may either automatically hold, or may come to own following active steps to obtain intellectual property protection. Having appropriate registrations and licences in place for your intellectual property not only prevents the likelihood of third parties copying your goods, services and branding, but also improves your status as a reputable company amongst competition.