With the north of England’s growing reputation as a leading hub for the creative sector, we have seen a marked uplift in our work advising media agencies about intellectual property (IP) issues around their own brands and their clients’ brands.
As specialists in providing IP advice, we are often called on to use our expertise when media agencies are proposing new brand concepts. Often an agency will enlist our help in the very early stages before a concept is even presented to its client to enable them understand whether a brand name is available and the risk of infringing third parties’ prior rights, including registered trade marks. Our role when we undertake this type of clearance search work is to safeguard the agency’s professional image and to protect its reputation by ensuring that it understands the level of risk of taking forward a branding concept that may expose it, or its client, to the risk of being sued for IP infringement.
‘Brand clearance’ and ‘freedom to operate’ searches are in growing demand from both agencies and their clients. With our international reach in over 75 countries, we are also able to assist clients with searches overseas if they are intending to trade under a particular brand abroad.
As well as clearance searches, we also advise agencies and their clients about the ownership and management of their IP rights including those subsisting in brand concepts and marketing materials. A key part of our work is helping clients to protect, enforce and exploit their IP rights. If a concept is progressed, an agency or client would be well advised to seek expert IP advice to ensure that its trade marks are adequately protected. We often file trade marks on behalf of media agencies and their clients as well as assisting them with putting licences in place to govern the use of trade marks and marketing materials.
Disclaimer: Anything posted on this blog is for general information only and is not intended to provide legal advice on any general or specific matter. Please refer to our terms and conditions for further information. Please contact the author of the blog if you would like to discuss the issues raised.