BrandFit®

We often see portfolios where trade marks have been filed and registered years ago, with little or no further consideration or review. As a result, key geographic markets may be left exposed with no protection; new brands/products/services may be introduced but not cleared for use or protected; and logos may be updated but not re-registered, leaving old registrations open to non-use cancellation and problems with enforcement.

We also see portfolios where just a few marks have been filed to get the business off the ground and secure a minimum level of protection, but with no real strategy or thought for future expansion. Often, understandably, the work has been done inhouse, without professional advice, and it’s only when a new round of investment comes in that the funds are there to look at the bigger picture and develop a more cohesive and effective brand protection strategy.

In other cases, the anticipation of investment or exit is the (very sensible) trigger to look at a portfolio more closely. The process of due diligence can raise all kinds of questions about the state of a portfolio and its ownership, and any gaps or obvious risks may well be used by investors or potential purchasers to lower the value of a company. If that analysis can be completed before due diligence, the company stands a much better chance of realising (or even increasing) its potential value.

Sometimes a company doesn’t even know what’s in its portfolio and whether or not it’s fit for purpose. This is a frequent occurrence following a merger or acquisition and it can be a serial headache for companies that are especially acquisitive.