When things get tight, we all have to look for ways to maximise profits and avoid waste.

Here are a few tips for getting value for money while staying ahead of the competition:

• Revamping a company's image, or that of a particular product, is a good way to keep ahead in more competitive times.  But don't risk wasting money by choosing the wrong trademark.  If you choose a new brand or trademark that is too close to an existing trademark belonging to a competitor, you may find that, in the face of threatened legal action, you are obliged to scrap all your new printed materials, packaging, and website, and start again.  And be a bit more creative when choosing a new brand - the more your chosen brand tries to tell everyone what you are selling, the more likely it is that your competitors will be able to cash in on your success by making their product names similar.  Consult us as early as possible, and we can help you start out on the right road.
• Check whether you are maintaining rights, particularly trademark registrations, which are still relevant to your current marketing.  A surprising number of companies maintain registrations dating back 30 or 40 years, during which time the marketing, and even the products, have changed.  In extreme cases, the trademarks are no longer being used in their original registered form, and the registrations could therefore be invalid through non-use of the mark, or might not cover the goods and services now being offered.  Savings could be achieved by making new relevant registrations, and then abandoning the old and no longer applicable registrations.  A single European Community Registration could, for example, replace separate national registrations in a number of European countries, saving costs and giving wider protection.
• If you are not making full use of a patent, trademark or registered design, consider whether the rights could possibly be useful to another company.  You could sell the rights for a one-off payment, or license them for a royalty based on sales.
• If you have a UK patent on which you are paying annual renewal fees, consider making the patent "Licences of Right".  This has two potential benefits: the official renewal fees are halved; and it is possible that someone will take a licence, providing you with some royalty income.
• If you have a registered design, you will know that protection lasts for up to 25 years, subject to renewal every five years.  If the product design has remained essentially unchanged, then continued protection by paying the renewal fees is vital (the cost is not high when you take into account that renewal lasts for five years).  However, few designs remain unchanged for 25 years, and it may be a good idea to seek professional advice as to whether the registration is still relevant.  In some cases, renewing a Registered Design can be more costly than a new registration, so if you redesign (and new products become even more important to keep your company ahead when times are tight), make sure the latest design is fully protected.

A preliminary consultation with us on saving costs and starting in the right place for future developments need not be costly, and for new clients it can be free of charge.  Contact us today.

In a recent revision to the Trade Marks Rules in the UK, the period allowed for third parties to lodge objections to applications to register trade marks has been reduced from three months from the date of publication to two.

Since new trade mark applications which might conflict with earlier registrations are no longer refused during initial examination by the UK Intellectual Property Office, it is now even more important for those having earlier rights to act quickly if they believe that those rights might be affected by registration of the new trade mark.

Although the new rules introduce the possibility of a prospective objector filing notice of an intention to oppose, and thereby gaining an extra month within which to file the formal notice of opposition, that notice has to be filed within the two month period, and so the need for urgent action is still present.

Owners of existing registered trade marks can ask the UKIPO to notify them of applications to register potentially conflicting trade marks, so as to be in a position to oppose when the application is published, but there are two points to note with this: 

(1) You will have to rely on the UKIPO Examiners to identify potential conflicts - there is no guarantee that everything that might be of concern to you will be spotted; and

(2) You have to opt in to receive notifications of the potential conflicts - it is not automatic.

If you have not registered your trade mark, you will not, of course, receive any notification, and this means that you could find that your position has been considerably weakened by someone obtaining registration of a trade mark which is too close to your own - you might find, for example, that your ability to expand your activities under your trade mark or brand into other areas (geographically or for other goods or services) are severely restricted.

There are two main areas where we can help:

(1) We can ensure that your trade mark is properly protected by registration to prevent others from encroaching on your valuable goodwill;

(2) We can arrange for a professional watch to be set up to ensure that you are notified immediately of any new applications for registration of trade marks that might conflict with your own.  This will ensure that you become aware of any possible problems at the earliest possible date, so that when the shortened opposition period starts, you will be ready to take action promptly - in some cases, it might be possible to resolve matters without the need for formal opposition, saving you money.  It may also catch possible conflicts that the UKIPO might not spot.

If you do have your trade mark registered already, it is important to check that the existing registration covers all your activities, including those planned but not yet implemented.  We can review this for you and make recommendations for achieving optimum protection in a cost-effective manner.

In an increasingly competitive business environment, vigilance is essential to maintain the value of your business.  Contact us today to ensure that your valuable trade mark rights are fully protected.

The short video, which is the first in a series, launches the Imagination Potential website. We hope it will also raise a smile.  Click here to view it.

Trevor Baylis, inventor of a clockwork wireless, is in the news again with his suggestion that infringement of patents should be made a criminal offence.  He points to the high cost of civil litigation on patent infringement matters, and suggests that this makes patents ineffective.  While we applaud any moves which raise the profile of UK innovation and help inventors, we think Baylis overstates the negative.  For a start, if patent litigation is costly for the patentee, it is also costly for the alleged infringer, and in most cases, in our experience, this means that there is considerable encouragement for the parties to reach a sensible commercial arrangement, rather than fight.  Patents are, after all, commercial tools, not personal accolades for the inventor.

But what is really disturbing about the idea of criminal prosecution for patent infringement is that it would not really benefit the individual inventors at all.  The large corporations would be handed a very useful tool for further scaring small companies into submission.  This would not encourage innovation - it would suppress it.

And do we really want to have criminal acts being, in effect, defined by a patent attorney when drafting patent claims?

No system is perfect, but let's make the best of what we have - properly-drafted patent applications can be powerful tools in helping innovators exploit their inventions.  That's where we can help you now - give us a call about protecting your innovation professionally.

It is expected that the UK Government will this week announce a relaxation of the ban on product placement as a source of revenue for commercial TV companies.  Product placement will, however, continue to be banned for children's TV .
 
Product placement involves recognisable commercial products being used in TV productions such as dramas.  The TV company will be able to charge the manufacturer/distributor for exposing the product in this way.  Up to now, it has been necessary for TV companies to create "pretend" brands, or even just to blank out names.
 
The change highlights the importance of having a good distinctive and recognisable brand, if product placement is to work for your company.  A typical placement will involve a glimpse of a product in a scene, not a prolonged foreground shot of it.  If your brand is not registered quickly by the viewer, the placement is wasted.  There are various ways in which branded products are recognised.  It may be from the name, or it may be from the get-up of the product. 
 
It is vital to make sure that no other company can offer a product whose name or appearance comes anywhere near your product, because otherwise the customer may be led into buying the wrong product - the competitor's product.  Choosing a good brand is the most important first step, and it is surprising how many companies choose brands with poor distinctiveness, and then have to throw huge amounts of money at advertising to overcome the weaknesses in the brand.  The next step is to have proper protection in place by registering the brand properly as a trademark.
 
We can help you choose the right brand, and get all aspects of your brand properly protected, so you will be able to make the best of product placement as a means of promoting your products effectively.  Contact us today for an initial consultation - for new clients this is free of charge.

Loven are pleased to report that it has successfully represented its client, G.H. Tayberry & Co Limited (Tayberry) in recent opposition proceedings at the UK Intellectual Property Office. 

The trade mark which was the subject of the opposition is ‘MUDDIES’. Tayberry, which is a successful manufacturer and retailer of a range of outdoor clothing and which owns many brands (including SLOGS, Tayberry & Co, Tayberry, the Tayberry tree logo and Tayberry Muddies Collection) had commenced using MUDDIES in September 2005 on a range of specially designed high quality Wellington boots. At this time, we filed an application to register TAYBERRY MUDDIES COLLECTION in the European Community (a Community Trade Mark) in relation to clothing, footwear and headgear. In January 2006, another company approached our client claiming to have rights in the MUDDIES trade mark which pre-dated that of our client. This other company opposed our client’s Community Trade Mark (CTM) application and we successfully defended Tayberry’s application through the Community Trade Mark office. This meant that the other company lost its opposition case and Tayberry’s CTM was allowed to proceed to registration. 

Although, Tayberry had filed its application to register TAYBERRY MUDDIES COLLECTION in the European Community, it also wished to register MUDDIES. Therefore, we filed an application to register MUDDIES in the UK in February 2006, on behalf of our client. Yet again, the other company, opposed our client’s UK application based on its claim to have used the mark in the UK prior to our client’s use of the MUDDIES trade mark. Our investigations into its claims lead us to the conclusion that the other party’s evidence of earlier use could not be substantiated in any forthcoming proceedings. The opposition to our client’s UK application to register MUDDIES has proceeded according to the Intellectual Property Office’s format and we have represented Tayberry at every stage. Loven represented Tayberry at the Opposition Hearing in London in December 2008, which we won. However, the other party, filed an Appeal to the Hearing Officer’s Decision and we once again represented our client at the Appeal Hearing in London in April of this year. We have just received the Decision in the Appeal and are delighted to say that our client has won the Appeal and so its UK application to register MUDDIES may now proceed to registration. Our client has also successfully registered MUDDIES as a Community Trade Mark. 

Tayberry is extremely pleased that it has overcome the threats to its brand and can now continue with confidence to use MUDDIES and invest further in what has already been a successful range in its portfolio.