BRAND NAMES & LOGOS

Every business has a brand. That brand name or logo signposts customers to find you amongst all of your competitors in the marketplace.  All the goodwill and reputation that you have worked hard to build can make your brand identity one of the most valuable assets that your business owns. 

So what have you done to protect it?

Brand clearance

 Choosing a new business name, product name, or logo, can be a difficult creative process, not to mention a legal minefield.   Professional trade mark clearance searching is essential to check that you adopt a name that you are legally free to use to avoid liability for trade mark infringement or passing off.  I can help to narrow down a shortlist of names, advise on which will be registrable as trade marks, and conduct the necessary searches before you launch.

Brand protection

What is the most cost effective filing strategy for your current and future plans? Do you need international protection? 

Examination objections

If you've received an official objection at the examination stage, the chances are you probably have no idea what to do next. Talk to me.  I have years of experience in dealing with these reports and can advise you on what options may be available to you to try to overcome them, and if so, how. I offer clear, proactive advice, and if it really is the end of the road for your application, I'll tell you straight.

Oppositions

Receiving a notice of threatened opposition, or a formal opposition, against your published application can be a panic-inducing experience.  I can advise on the merits of their case, devise a defence strategy to suit both your budget and commercial objectives, and guide you through the process with clarity and direction.

Infringement

Discovering that someone is ripping off your unique brand identity or innovative product designs is exasperating and upsetting. Likewise, receiving a cease and desist letter can be a distressing experience.  In either case, trying to tackle the issue without clarity on the merits of your legal position, likely costs, or a pragmatic strategy to resolve it is a recipe for disaster for the unwary.  We're here to fight your corner. 

Overseas

If your business is growing successfully and you’re ready to start advertising or making sales overseas, then the geographical scope of your trade mark rights need to be extended too. I can work with you to devise the most cost effective filing strategy and then handle it all for you. 

PRODUCT DESIGNS & PACKAGING

Registered Design Protection

We understand the time, effort and creativity that is invested in the creation of sleek new product designs, the appearance of packaging and overall get-up.  We can work with you to identify which elements of your designs are protectable with registered design protection, and offer practical advice to ensure that the representations submitted are compliant with the latest law and practice and will actually deliver the full gambit of protection sought. We can also develop filing strategies with you pre-launch to ensure that you comply with any novelty requirements and that we roll out the most cost effective route to protection possible. 

Unregistered design rights

Design infringement

If you believe that someone has copied your design, contact us for a clear assessment of the merits and guidance on recommended next steps and costs.  

COPYRIGHT & DOMAINS

Copyright Best Practice

Proper record keeping practices can often be half of the battle to establish the subsistence and your ownership of copyright or unregistered design right.  We can provide best practice guidance to set you on the right path.

Ownership & Assignments

If a freelance designer created your logo, or you commissioned a photographer to take your pics, then you might be surprised to learn that you probably don't own the copyright.  We can provide a simple assignment agreement for both parties to sign to put the ownership of the rights in order.  

Copyright Disputes

Copyright disputes frequently arise due to simple misunderstandings and ignorance of this complex area of law. At Avatar we believe that with prompt handling, pragmatic advice and a sensible approach, most disputes can be settled amicably before they ever need to escalate into full blown litigation.   

Domain strategy

Most businesses lack any clear policies on how many variations of their brand/s to register as domain names, which gTLDs or jurisdictions, resulting in unmanageable and inconsistent portfolios. We can cut through the confusion, offering clear guidance and develop for you a considered domain protection strategy that compliments your trade mark protection and commercial ambitions. 

Domain disputes

Conflicts between domains and trade marks frequently arise given that domains are so easily and cheaply registered.  Brand owners are often aggrieved to discover that a conflicting domain is diverting customers away from their site, or that it resolves to defamatory or inappropriate content, either of which can have a serious impact on their operations or reputation. We can advise on the numerous dispute resolution systems that exist which can be used to transfer the ownership of such abusive domain name registrations.  

Bespoke IP training

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 Do you or your team need to brush up on your IP knowledge base? We can deliver 1-2-1 training or group workshops to suit your needs.

Freelance consultancy

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  Overloaded and constantly putting out fires? Need short-term cover for a temporary staff shortage or a stand-alone project? Talk to us - maybe we can help you out. Who knows where it could lead - great things can be born from open-minded collaborations.   

IP Audits & Agreements

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