Strategy

We previously covered the need for businesses to establish a clear and consistent strategy for registering and renewing domain names. For UK businesses with .eu domain name registrations, 29 March 2019 (‘Brexit day’) adds a further deadline.

Although the CJEU recently ruled that the flavour of a cheese spread is not eligible for copyright protection, advances in the technology used to electronically describe odours and flavours could overcome legal obstacles to their protection in the future, say Chantal Koller and François Grange.

Domain name management usually sits outside the IP department with marketing and/or IT teams. Those departments may have been schooled in the need to consult the IP team as part of the domain name registration strategy, but what about decisions as to ongoing maintenance, gaps in protection or decisions to lapse registered domains?

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.

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.

The European Commission and UK negotiators reached an agreement on the entirety of the Brexit Draft Withdrawal Agreement on 14 November. Next it needs to get through UK parliament and the rest of the EU.

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.

Choosing a new company or brand name can breathe new life into an enterprise; on the other hand, not all consumers embrace change. Trademark Attorney Claire Jones sets out points to consider when assessing whether a rebrand is right for you.

When businesses merge with or acquire other businesses, the challenge for IP professionals doesn’t stop once the associated rights have been securely transferred across. There is also the question of how to brand the newly merged business, and its products and services.

When budgets are tight, IP expenditure will naturally come under scrutiny, with patent annuity payments often one of the first areas to be identified for cuts.

Can a global brand name limit its life? It's easier said than done, writes Claire Jones.