The Power of Brands

Millward Brown used a series of measures to produce values for a number of brands. Included in the measures were desirability and “buzz” – where researchers looked at the mentions brands got on social networking sites, blogs and forums. Alongside these measures, the research also looked at financial performance, where a strong showing helped to boost brands up the list. Apple’s victory comes from a sound financial footing and a constant stream of desirable and “must-have” products which have brought it a loyal global following. The researchers discounted any negative impact from the Apple founder, Steve Jobs, taking medical leave because the company has strength and depth in innovation and product delivery.

US Brands Leading the Way

In the top ten list of power brands, only one company, China Mobile, is not a US-based corporation. In addition to the technology giants Apple, Google, IBM and Microsoft, other winners were McDonald’s, Coca-Cola, GE, Marlboro and AT&T. The first UK-based company in the list was mobile phone operator Vodafone which came in at number 12. Facebook made it into the list for the first time; previous surveys had discounted the social networking site because its financial performance was not considered to be strong enough. Other big names suffered because of their inability to compete with more powerful brands or because of a damaged public perception – Nokia and BP both fell into this category, dropping 38 places and 30 places respectively. The results of this particular survey show that in order to become a powerful brand, businesses need to be constantly offering new and improved products, communicate with their customers and drive markets rather than responding to them. As competition increases from emerging economies like China, established brands need to be thinking ahead in order to remain at the top of the brand power list.

Protect your Brand with SH&P

Your intellectual property is one of the most important assets your business owns. Whether it’s a product, a system, a phrase or a logo, getting the right legal protection is a vital step towards getting better recognition for your brand. Talk to us at SH&P today and find out how we can help to put your business on the right track.

No Fee to Jump the Queue

Patent applications can take several years to go through the process. This can place restrictions on how quickly a company can move into production with a new invention or an improvement to an existing product. In industries that are changing rapidly, the ability to innovate and protect intellectual property quickly is vital. Canada wants to scrap its usual fee for expediting patent applications for those applicants who can show the environmental benefits of their inventions. By offering this economic incentive, the CIPO is hoping to encourage more green innovation which might also lead to greater competition in the sector as companies race to gain intellectual property rights over potentially lucrative products and systems.

UK Scheme Already Up and Running

The UK Intellectual Property Office (IPO) already has a similar scheme in place, which charges no additional fee for fast-tracking applications with good environmental credentials. The applicant must show in their request for accelerated prosecution how their invention relates to green or environmentally-friendly technology, and the IPO judges each application on its own merits, regardless of the technology or IPC classification that would normally be applied to the patent. The IPO estimates that the accelerated prosecution process could see a patent granted within nine months of the original application.

Canada Uses Broad Brush

Like the UK scheme, the CIPO has decided not to create hard and fast rules on what constitutes a sufficiently green or environmentally-friendly patent application. Instead, companies who would like to use the green fast-track option will need to submit a request with “as much justification as necessary” to show why their patent deserves prior attention. Examiners will decide on a case-by-case basis whether to submit the application to the fast-track process.

Help with Green Patents

If you have an invention that benefits the environment and you would like to find out more about using an accelerated application process, talk to the patent attorneys at SH&P today. We can help you protect your intellectual property around the world and find the best and most cost-effective protection for your particular needs. Contact us today to arrange an initial consultation.

Patent and trade mark activity is a good indication of the general state of the business world. That is why the news that trade mark applications to the World Intellectual Property Organisation (WIPO) increased by over 12% in 2010 (compared to 2009 figures) has been welcomed by trade mark attorneys and businesses alike.

EU Countries Make More than 50% of Trade Mark Applications

In 2010, there were nearly 40,000 applications for trade mark protection through the WIPO, where a single application can result in protection in up to 85 territories worldwide, although applicants must have already filed for trade mark registration in their home country or region before approaching the WIPO. Applications from EU countries made up around 50% of that number, with large pharmaceutical companies and big-name holding companies like Nestle and Unilever making the majority of the applications. The year 2009 saw a decrease in the number of requests received by the WIPO, but the rise in 2010 has been significant enough to cancel out the slower year and shows increased business confidence across world markets.

Popular Designated Member States for Trade Marks

When a business applies for trade mark protection through the WIPO, it can designate the member state or states in which it wants the protection to apply. This can be as many or as few as the business requires at the time. Once the application is registered, additional territories can be “bolted-on” at a later date, allowing businesses to widen the geographical area of protection at any time. At the same time as releasing the application numbers for 2010, the WIPO gave details of the most popular designated member states. Top of the list was China, with just over 16,000 designations, but the EU, USA and the Russian Federation were also popular locations.

Design Protection Enhanced

The year 2010 also saw a simplified application process for industrial designs, which in turn led to an increased number of filings in this area. Design registration under The Hague system allows protection in 57 member countries with a single application and the new rules have encouraged companies to apply for the appropriate protection. WIPO will be hoping that 2011 sees a further increase in trade mark, patent and design protection applications.

Expert Intellectual Property Guidance

Whether you are registering a trade mark, applying for patent protection or want to secure the rights for your design, SH&P can help. Our experienced patent and trade mark attorneys can give you the advice and professional guidance you need, no matter which countries you are seeking protection for. Talk to us today about how we can help.

Buckingham Palace

Big Names Get Trade Mark Go-Ahead

It is safe to assume that souvenir producers who are regulars in the business such as china brand Wedgwood (who are producing a commemorative mug, plate and trinket box) has already sought and received the requisite permissions. Smaller businesses cashing in on the anticipated £500m that the royal wedding will generate need to be careful that they do not infringe the rights of the Royal Family. Failure to seek the relevant permissions could result in prosecution under the Act. In the spirit of the community feel of the wedding, however, the usually tough restrictions have been relaxed slightly, although all producers should make sure that they have read and taken note of the caveats that come with permission to use pictures of the royal couple and the coat of arms of Prince William. They stipulate that products must:

• Carry no implication of approval by the Royal Family 

• Be in good taste 

• Not use photographs or coat of arms on t-shirts, tea towels or aprons 

• Not use coat of arms on packaging or containers 

• Not be sold after 1^st October 2011

 In addition, souvenirs may not carry any form of advertising. A full description of the permission can be found by clicking on Royal Wedding Trade Mark Permissions.

Trade Mark Permission Makes Business Sense

Traders who produce and sell royal wedding merchandise without following the prescribed guidelines or who fail to apply for the appropriate permission for other uses of representations of the royal couple and royal emblems could face real problems. Whilst it is tempting for businesses of all sizes to promote themselves using the wedding as a hook for customers, such a plan could easily backfire and cost them money rather than making any.

Trade Mark Advice from SH&P

Royal weddings might not happen very often, but the exposure they get is a good reminder to businesses of all sorts that trade mark infringement can be an expensive business in the long term. Getting the right advice on protecting your own trade mark as well as checking that other marks and designs are not already protected will help you to keep your business safe from potential prosecution. Talk to us today about how we can help.

Silicon Valley

 Making Use of Patent Expertise

In order to process outstanding patent applications, the USPTO needs to hire new patent examiners and has discovered that asking these experts to relocate to Washington DC is a barrier to recruitment. It has decided, therefore, to open a number of satellite offices in places where innovation and industry is concentrated, using the expertise of local patent examiners and attorneys to help reduce waiting time for applicants. Detroit has been chosen because of the significant automotive industry presence and also the emergence of other innovative companies. It has significant patent application activity and is close to several leading universities. The office in Detroit is expected to open later in 2011 and to employ around 100 patent examiners, many with particular expertise in the relevant technologies for the locality.

Silicon Valley Needs Patent Office Satellite

The announcement that Detroit would be the location of the first USPTO satellite office was a surprise to many in Silicon Valley, California, where almost 12% of annual patent applications originate. With a wealth of experience in technology and innovation, and around 7,000 patent attorneys practicing across the state, Silicon Valley is an obvious choice for a future office. It is an area where people will be willing and able to train as patent examiners, and where established examiners may be happy to relocate to work. Silicon Valley is home to some of the world’s most innovative companies, and they are already frustrated by the length of time it is taking the USPTO to process existing applications. Support for a satellite office dealing specifically with Silicon Valley patents would be significant, and businesses are hoping that the USPTO’s next announcement will focus on a new office in California.

Advice on Gaining a US Patent

If you need advice and guidance on expanding your business prospects by applying for a patent through the USPTO or in any other market, talk to us at SH&P today. You can talk to an experienced patent attorney who can give you the help you need to protect your intellectual property so that you can capitalise on your innovation. Call us to arrange a consultation.

Yoomi Range

Patent for Innovative Warming Bottle

SH&P helped inventors Jim and Farah Shaikh to protect their intellectual property from the outset, giving them the reassurance to grow their business, confident in the knowledge that they have market exclusivity for their innovative product. Now a year into business, the YOOMI bottle recently exhibited at the ExCel Baby Show – one of the biggest shows in the UK for new and prospective parents – and wowed the audience with a flash mob dance set. Dancers from “Living the Dream” performed an energetic and catchy routine to a medley of songs, attracting an audience of parents and children alike, many of whom were dancing along by the end. You can view the event by clicking here.

Why Parents Choose the YOOMI baby bottle

Like all great inventions, the YOOMI bottle fills an important gap in the market. A self-warming bottle, it allows parents to feed on the go and travel away from home without worrying about finding a source of hot water. As parents, the Shaikhs had become frustrated with this part of parenting and Jim, after identifying a way of solving their problem, together with support from various professionals, including of course SH&P, turned that solution into reality and a new, growing business. The YOOMI product has now been praised by parents across the UK and is recommended by midwives and health visitors who see the benefits of an easy-to-use reliable bottle that warms milk to just the right temperature and is easily rechargeable. The company has spent the year proactively marketing its products and its brand, creating impressive interactions with customers and widening its range of products to a 5oz bottle, 8oz bottle and a selection of accessories.

SH&P Celebrates with YOOMI

SH&P is delighted to have been involved with the YOOMI story, which also saw the company being chosen as one of the top 15 inventions of the past 10 years at a British Library exhibition at the end of 2010. We firmly believe in working with our inventors to make sure their businesses get the intellectual property protection they need. SH&P are always on hand to help with new products, design enhancements, trade marks and more. Contact us today to see how we can help your business.

YOOMI is the registered trade mark of Feed Me Bottles Ltd

Entrepreneurs Come First at SH&P

At SH&P, we are excited about the launch of these great resources, because entrepreneurs and inventors are the people we work with most. Our day-to-day work involves contact with inspiring people with innovative designs who need expert help to ensure that they make the most of the product or technology that drives their business. Whilst our expertise lies in finding the right way to legally protect inventions and branding in the UK and across the world, we also use our knowledge and understanding of new and growing businesses to point you in the best direction for sustainable growth and real success. As you expand your product range or improve your technology and designs, we will be with you every step of the way, helping you to bring your product to market.

Understanding Patents and Trade Marks

The thought of speaking to patent attorneys or getting trade mark advice might be daunting, but in reality, a failure to protect intellectual property could mean that your business won’t capitalise on your idea. What you need is a friendly, approachable professional who has the necessary background and skills and can handle the complexity of patent or trade mark applications so that you don’t have to. At SH&P, we make sure that you always know exactly what we will do for you. Your attorney effectively becomes an additional member of staff, taking the time to identify with your values, understand what drives you and your business and giving you the benefit of their commercial experience and enthusiasm for your product or design. Once you get the protection you need, you can use the advice on the StartUp Britain website to learn more about selling, pricing, marketing and much more.

The Future of the UK Economy

Like the founders of StartUp Britain, SH&P firmly believes that entrepreneurs and growing businesses are essential to the future success of the economy. If you have an idea or an invention, talk to us today, or visit the section of the StartUp Britain website that points you in the direction of patent and trade mark advice.

The company that owns the copyright to the “Kookaburra” folk song, Larrikin Music, had originally asked the courts for 60% of royalties, backdated, which could have run into millions of Australian dollars. The ruling actually stated that Larrikin Music was entitled to 5% of all monies earned from the song since 2002 and future royalties. The writers of “Down Under” and Men at Work band members Colin Hay and Ron Strykert appealed against the original decision, but their appeal was turned down in March 2011. The two claimed that they had unconsciously used the tune, which is one of the best-known folk songs in Australia. At the original court case, Men at Work’s record company, EMI, claimed that the two-bar interlude was a tribute to the song. EMI has also been asked to pay costs.

Watching Out for Copyright Music

Many tunes that are passed down from generation to generation are still subject to copyright laws and musicians of all genres should ensure that they are not infringing copyright when they write new music. This is, of course, much easier said than done. The Kookaburra song was written in the early 1930’s for the Girl Guides and is sung around the world, but it is still subject to copyright protection. One of the most famous examples of a copyrighted musical work is the words and music to the “Happy Birthday” song, sung by thousands of people around the world every day. The tune was written by two sisters in the late 19th century and the rights were subsequently acquired by Warner Chappell. The song has a copyright status, which is said not to expire until 2035. Although the copyright would not be infringed by merely singing it at a birthday party, anyone wishing to perform it or use it in a public place would need permission to do so – resulting in estimated royalties of $2 million every year for the copyright owner.

Check Your Copyright Before You Start

Whether you are using a musical snippet in a work of your own, quoting passages from a published work or using any reference that you think may already be subject to trade mark or copyright protection, it could save money in the long term if you check it out before you start. At SH&P, we can help you to find out everything you need to know before you get started. Contact us today to find out more.

Fresh Trading has been in business for over 10 years and has a trade mark for its INNOCENT brand. The company considers the Innocent Vitamins branding to be too similar to its own given that the word “innocent” is replicated in lower case. This could lead to consumer confusion, it argues, and says it has already had queries from customers who have seen the vitamins brand and want to know if it is from the “INNOCENT” stable of products or is otherwise affiliated in some way to Fresh Trading. The owner of Innocent Vitamins, Dawn Reid, has denied copying the brand in any way and says that the products sold by the two companies are completely different. Fresh Trading, on the other hand, claim that because their products are viewed as healthy, the vitamin products are competing in a similar market.

Smooth Approach to Trade Mark Dispute

Fresh Trading was started by two friends and has grown from a fledgling business into a significant enterprise. Maybe it is because the Fresh Trading founders remember how difficult life as a small business can be that they have chosen to make an informal appeal to Mrs Reid to ask her to change her branding at this stage. Their objection is to the style of lettering used on the vitamin products and to the word “innocent”, as applied to a healthy lifestyle product. Mrs Reid, however, says that she doesn’t think her own brand gains any benefit from association with the INNOCENT brand and maintains that she will continue to trade under her existing name. She has not, as yet, withdrawn her trade mark application and it remains to be seen whether or not Fresh Trading will oppose her application and take subsequent legal action should Innocent Vitamins begin using their brand. The former, at least, looks a reasonable certainty.

Trade Mark Advice

It is essential to obtain professional trade mark advice before you launch a new product on to the market as this can save a lot of time, cost and hassle later on. Trade mark infringement cases can be very expensive and stressful to some parties, so the best advice is to avoid them completely. At SH&P, we can check existing trade marks for you and help you to register your trade mark so that you can protect your intellectual property. Contact us today to find out more.

“First-to-file” Patent System One of the main changes to the US patent system is a “first-to-file” rule, granting a patent to the first person or company to file for a patent whether or not the applicant is the original inventor. Many smaller companies opposed this move, but supporters, including patent attorneys, say that it will encourage competitiveness. Inventors will have the opportunity to put in a “placeholder” application which will give them a year to perfect their inventions and acquire a formal patent.

Patent System Under Pressure The US Patent and Trade Mark Office (USPTO) is currently trying to deal with a huge backlog in patent applications, despite granting a record number of patents in 2010 – over 200,000. Estimates suggest that there are still 700,000 patents awaiting scrutiny. The few opponents of the changes are worried that a “first-to-file” system will result in a rush to file new applications, putting even more pressure on an already overwhelmed service.

Supporting Innovation Governments in all economies agree that supporting innovation is crucial to economic success. Giving businesses of all sizes the opportunity to create new products and ideas, and the legislation that enables them to protect those products and ideas, helps to make businesses competitive, both nationally and internationally. By restructuring and reforming the current patent system, the US Senate believes it has given both garage-inventors and global corporations the support they need to continue to innovate and improve. Although there have been concerns expressed by some of the US’s largest companies, including Apple and Intel, that the new changes haven’t addressed the ease with which patent lawsuits can be brought, the majority of businesses and advisers have been positive.

Patent and Trade Mark Advice Keep your business competitive by making sure you protect your intellectual property at home and overseas. At SH&P we can talk you through the process, point you in the direction of funding that can help to build your business, and assist you with your patent applications, meaning you can get on with making your company a success. Contact us today to find out more.