TRADE MARK SERVICES
Trade mark due diligence asks whether rights, ownership and use support the business being reviewed. A list of registrations alone may conceal gaps, disputes, expired rights or restrictive agreements.
How we approach your matter
We assess important markets, ownership chains, licences, security interests, use, renewal status and disputes within the agreed scope. Findings should distinguish material risks from administrative corrections.
Practical examples
Auditing an existing portfolio
Reconcile the register list with the names and products used by the business. Identify ownership gaps, expired rights, uncovered markets and disputed registrations before prioritising remedial filings.
Reviewing brands in an acquisition
During an acquisition, examine licences, assignments, disputes and evidence of use alongside the registration schedule. Report the issues that may affect the transaction’s value, warranties or completion steps.
Prioritising registrations and renewal costs
Map the portfolio against commercial priorities and recurring costs. Distinguish rights needed for current or planned activities from registrations that warrant a documented decision about renewal or disposal.
What to send us
- The proposed mark or register numbers and proprietor details.
- A description of the goods, services and target markets.
- Relevant correspondence, evidence and deadlines.
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Practical legal assessment
A reliable portfolio review links registered rights to products, markets and contracts. The number of marks alone says little about protection of the operating business. Start with actual use, ownership structure and strategic territories.
In transactions, review status, chain of title, licences, security interests, disputes and use risks. A seller’s schedule is a starting point, not conclusive evidence. Prioritise questions by commercial significance and urgency.
Turn findings into actions: filing, correcting records, obtaining consent, drafting contractual protection or collecting evidence. Assign owners and deadlines for completion. A general risk list is of limited use if nobody is responsible for closing the gaps.
Four practical examples
Illustrative scenarios to explain the assessment; these are not reports of client matters.
Share deal
Core brands remain with a founder rather than the acquired company. Resolve ownership before completion and secure any necessary transfer separately.
Asset deal
Only selected product lines are sold. Reconcile the rights and licence schedule with the acquisition scope so essential brands are not left behind.
Export gap
A major sales territory is missing from the portfolio. Prioritise clearance and a suitable filing rather than relying on a general assurance of worldwide protection.
Encumbered mark
A mark is subject to a licence or security arrangement. Review consents and contractual consequences before transfer so its commercial usability is understood.
How are risks prioritised?
Focus on marks supporting revenue, launch or the transaction. A minor formal discrepancy differs from missing ownership of a core brand. Identify specific remedies, responsible people and a realistic timetable.
Preparing the next step
Provide the exact sign, relevant products, target territories and any register numbers. If there is an office notice or dispute, include the complete correspondence and the date of receipt. We identify missing information, agree the scope and clarify fees before taking further steps.
A useful instruction file distinguishes the confirmed facts, missing information and decisions still to be made. Keep dated versions of specifications, sign designs and correspondence so changes can be traced. Agree who approves each step and who monitors the next deadline. Where several companies or advisers are involved, document their respective roles. The resulting plan should connect the legal assessment with the operational changes needed in packaging, contracts, sales channels or register administration.
Discuss your trade mark matter
Tell us about your mark, target markets and any deadline. All fields are optional; please provide an email address or telephone number if you would like a reply. Sending an enquiry does not itself place an order or establish a client relationship.