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IP in M&A: Planning for success
As is usually the case with IP, it saves time and money over the longer term if a strategy is in place in advance of a brand takeover or launch. The same is true when two businesses merge.
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As is usually the case with IP, it saves time and money over the longer term if a strategy is in place in advance of a brand takeover or launch. The same is true when two businesses merge.
Not to be confused with the much delayed Unitary Patent, the European Patent system provides companies with an important structure for protecting and exploiting inventions in Europe. However, certain requirements must be met if patent holders are to make best use of the system.
When a business merges or acquires another business, one of the next questions is: what should that newly merged business be called? Opting to ‘fuse’ the two previous brand names does offer reputational benefits, but there are also a number of IP hurdles that need to be overcome.
It may be desirable or indeed necessary to retain existing ownership structures for brands acquired as part of a merger or acquisition (M&A). However, if the newly merged business has been rebranded, the conflict between the registered legacy brands and the new brand will need to be resolved.
Can a global brand name limit its life? It's easier said than done, writes Claire Jones.
An organisation's value is no longer based simply on its tangible or fixed assets; more often than not, it is the company’s intangible assets, including brand reputation and goodwill, that create its market value.
IP licensing can provide companies with additional (or core) revenue streams, enable them to raise brand awareness and enhance their reputation, and extend their brands into new markets and geographies. However, if IP ownership or validity is unclear, it can also pose significant financial and business risk.
As e-cigarette use grows, so do the dangers of trademark infringement for well-known brands, as Trademark Attorney Claire Jones explains.
When seeking to expand into new markets or territories, it’s important to ensure IP protection is first in place. Dr Peter Wilson sets out the IP elements to consider when developing or updating an export strategy.
Chantal Koller, Managing Director – Trademarks at Novagraaf Switzerland, shares some of the approaches used by leading Swiss companies to achieve both brand dominance and market success.
We recently set out guidance on marking products with patent and design numbers, including examining the benefits and risks of doing so. Here, we look at packaging and product marking from the trademark perspective.
The recent ruling by the Court of Justice of the EU represents yet another knock back for Nestlé in its attempt to prove its chocolate bar shape distinctive enough to warrant trademark protection. Novagraaf’s Frouke Hekker examines what the judgment means for 3D shape marks and the requirements for proof of use in the EU.