This Practice Note provides strategic and practical advice on managing a trade mark portfolio. It covers the issues to take into account when setting up the portfolio and best practice for maintaining it, including advice on management issues such as: dealing with deadlines, renewals and budgeting. It sets out potential strategies for monitoring the activities of third parties and enforcing the trade marks against them, and outlines ongoing considerations relating to the audit and review of the portfolio.
This is a checklist of points to consider when creating guidelines in relation to the correct use of trade marks in a business, so as to ensure that they are recognised by the public as badges of origin for the goods and/or services in respect of which they are used, and to minimise the risk of challenges by third parties on the basis that the marks have become generic or misleading, or that they lack distinctiveness.
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