How We Can Help

It is important to us that we are able to provide our clients with useful practical advice that is applicable to them.

We recognise that to do this we need to understand your business. It is not always in your best interest for us to simply start filing applications for registered rights.

Therefore, we will often encourage you to tell us about your business and your goals before we make any recommendations. We will then be best placed to talk you through the options and develop a strategy with you to get where you would like to be.

What have you got?

You may already own some rights that you are unaware of, whether they be in the form of unregistered rights or even registered rights that have been overlooked. This can often happen where an existing business has been acquired or if you have recently taken up a new role.

We can advise you on the potential for any unregistered rights and perform searches to see if there are any registered rights already in place.

By taking the time to understand all of your existing rights we will be best placed to identify any current gaps in protection and help you develop a strategy to plug those gaps. We can also help you plan ahead based upon what you might be wanting to do in the future.

Protecting your rights

We can help you to understand how best to safeguard your existing rights and help you obtain any suitable registered rights. We are experienced and skilled at preparing and filing applications for patents, trade marks and designs and at guiding you through the procedures to registration and grant. You can see our Guides on Patent Protection, Trade Mark Protection and Design Protection for more information on what you might expect when we apply for the different types of protection.

We can also advise you on the best ways to safeguard your unregistered rights as far as possible.

We believe that forewarned is forearmed. Therefore, in order to have the best chance of obtaining any registered rights for you, we may recommend searching as an option to see if there are any existing registered rights that might conflict with your own right. This may be in the form of a concise ‘identical check’ for trade marks or ‘patentability’ search for inventions, or a more thorough ‘freedom to operate’ search. However, there are many iterations between these two options and we can often tailor searching and reporting to your needs and to your budget to give you something useful.

Searching may be particularly helpful if you are in the early stages of developing a brand, a product, or an idea. Knowing what is already out there can help you decide whether you are on the right track or whether taking a different direction might be preferable to committing time and money to the development.

The future: Capturing new ideas and concepts

Many businesses have a wonderfully creative workforce that is continually devising new ideas, concepts, branding and marketing campaigns. Often these ideas make it to the market quickly in order to obtain a first-to-market advantage, but occasionally this haste can work against you by causing irreversible damage to the possibility of obtaining protection.

It is a well-known fact that competitors in any industry will jump on a good idea as soon as they see it. Whilst it is a compliment to you and your team when this happens, it can cause you problems when later seeking protection to prevent your competitors from taking advantage.

We like to encourage our clients to keep us appraised of their new ideas, concepts, branding and marketing campaigns to minimise the chance of this happening. It need not take long and will probably cost you little to explore the options before it is too late and will almost certainly save you money in the long run.

For more details, please contact us.

Is someone using your rights without permission?

You may encounter someone using your brand, design or invention, or you may be approached by someone else asking if you would consent to them using your rights.

We can help you to assess the options for approaching such an unauthorised user in order to try to achieve your preferred outcome. That may be the offering of a licence or striving to prevent any further unauthorised use. We can assess the strength of your rights and advise you as to the likelihood of a particular outcome in order that the commercial risks can be assessed. Our aim is to provide you with the options and practical solutions depending upon the overall commercial position.

In the event that someone chooses to attack any of your rights we can help you defend them.

For more information, please see our information on Enforcement & Defence.

Do you have problems with someone else’s rights?

You may encounter someone else’s brand, design or invention, or you may be approached by someone else claiming that you are ‘infringing’ their rights.

If either of these things happen, we can help you to identify any real risks that you may be facing or continue to face if you proceed on a particular track. We can do this by looking to identify any rights that may apply, assessing the strength of the rights in question and advising you accordingly.

There are often a number of actions that can be taken and it may be possible to attack weak or problematic rights belonging to someone else. In every event, our aim is to provide you with the options and practical solutions depending upon your commercial position.

For more information, please see our information on Enforcement & Defence.

Helping you to exploit your rights

You may be looking to exploit your rights in ways other than using the rights yourself. In this case there are a number of ways to make your rights work for you.

If you chose to sell your rights to someone else, we can assist with the preparation of the necessary legal documentation that will transfer or assign the rights to that other entity. On the other hand, you may want to retain the ownership of your rights and give permission to, or licence one or more others to use that right for a regular fee or percentage of profits. We can help you with these assignment and licensing matters. For more information, please see our information on Commercialising Your IP.

 

If you would like help with any of the above, please contact us.