We have and indeed continue to represent many national and international brands having iconic status, some from the point of brand inception. We provide these brands with both tailored and comprehensive procurement and enforcement strategies, supporting evolving business objectives from first tentative steps through to expansive commercial exploitation.

Our team’s experience with its commercial mindset 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 such brand-related rights is always to add and protect underlying value, including providing advice on the selection of a trade mark and its alignment with current and projected areas of commerce. We therefore listen, consider, and strategize in partnership whilst acting as a sounding board to arrive at a ‘best fit’ solution.

At Hepworth Browne, our qualified attorneys, with extensive national and international experience and national and international qualifications, will act as a sounding board for your product’s story and a conduit to effective brand protection. We are, however, 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.

The Nature of Trade Marks

A brand or “trade mark” is an intangible asset that underscores a company’s inherent value. For any business, if a brand is supporting sales of products or services then it is aiding to a company’s competitiveness, reputation and revenue generation, and so it is worth protecting.

Trade marks take many forms and relate to a reproducible indication, such as a word, letters, colour, sound or symbol (logo) and even now motions. There are a few basic elements that should be kept in mind when thinking about acquiring trade mark rights; these are often missed. The basic premise is for the mark to indicate an origin of goods, usually within a specific trade channel. The issue of origin thus requires the mark to be distinctive in that it would not be used commonly in the normal course of trade and also that the mark is neither descriptive nor deceptive of the character or quality of the goods or services to which it relates. These are the general national and international rules, although there are some additional exceptions.

The more unique a mark, the easier it is to register and, possibly, build a strong brand. Highly distinctive marks provide broader protection. However, highly valuable marks invariably have an adjunct or indirect reference to the character of their specified goods and services. This is a risk vs. reward paradigm requiring careful consideration and appropriate specification framing. The adage, “act in haste and repent at leisure” reflects the need to strategize. Hepworth Browne’s advice is geared to think and navigate through the consequences of actions.

Marks that are inherently distinctive, easy to memorise and pronounce, fit the product or image of the business, have no legal restrictions (i.e., avoid flags or other State emblems, official signs, hallmarks, etc.), and which have a positive connotation are most suitable, especially for smooth registration. Conversely, marks that contain offensive content and which are possibly laudatory are inappropriate and will generally attract objections and rejection. And remember that business may be international and that translations of words into other languages may not be quite what you thought!!

At Hepworth Browne, our qualified attorneys, with extensive national and international experience and national and international qualifications, will act as a sounding board for your product’s story and a conduit to effective brand protection. We are, however, 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.