DESIGNS and more…

We sensibly and objectively view brand identity for what it is, namely a multi-disciplinary creative task influenced by commercial drivers and supported by a variety of differing IP rights including names, logos, slogans, designs, and copyright, as well as unregistered rights in common law and, as appropriate, rights arising under unfair competition.

Our objective in advising on and securing all brand-related rights is always to add and protect underlying value. We therefore listen, consider, and strategize in partnership whilst acting as a sounding board to arrive at a ‘best fit’ solution.

We are experienced in all aspects of brand related work:

• Design registrations
• Freedom to use and freedom to register opinions
• Litigation
• Licensing negotiations
• Trade mark filing, prosecution, and appeals

Sometimes, issues arise which require enforcement or defence of an IP right. Our Team is unafraid to enforce such rights whenever necessary, whilst fully understanding that a negotiated settlement, from objectively assessed changeable circumstances, may represent an optimum way forward for a client.

For further information please contact: Lyndsey Hall or Bruce Dearling at Hepworth Browne.
E-mail: lh@hepworthbrowne.com or
bcd@hepworthbrowne.com

Principles of Design

The design is often the most unrepresented of the registered rights providing exclusive protection over the visual features of a product. It covers the shape, configuration, pattern, ornamentation, or composition of lines or colours applied to an article, whether in 2D or 3D, but cannot protect functional aspects of a product unlike patents. When used in conjunction with patents and trade marks, a design registration can provide a product with full 360-degree protection.

Whilst there are also “unregistered” design rights in the UK, there are many commercial benefits to obtaining registered design protection. These benefits include exclusive proprietary rights giving rise to commercial advantage, stronger deterrence against third-party copying or noticeable imitation, and underlying company values arising from resulting intangible assets. Proprietary rights can, furthermore, be transferred through assignment or licensing, and can be leveraged to secure funding.

The commercial mindset of the Hepworth Browne means that, with clients, we work as a team to see that appropriate design protection is acquired, securing monopoly rights in the context of other complementary forms of intellectual property.