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S TEVENS H EWLETT & P ERKINS

IProfessionals

P A T E N T S . T R A D E M A R K S . D E S I G N S
IPeople
It has always been our priority to invest in the best
people. The vindication of this policy comes from
the long standing and close working relationships
we have with clients and the loyalty and dedication
of our staff. Quite simply we have always aimed to
be the best at what we do.

IProfessionals
SH&P is a leading firm of intellectual property • Dedicated Records and Renewal team.
specialists with offices in London and Bristol.
Serving clients from the UK and overseas, we offer • Development of bespoke client solutions for
a full range of services on all aspects of the intellectual property portfolio management.
protection, maintenance and enforcement of • Continuing investment in technology – suite of
intellectual property rights around the world. on-line services.
We have an experienced staff of highly qualified UK
and European Patent and Trade Mark Attorneys.
Many of our attorneys have previous experience in
industry and the UK IPO making them well
equipped to provide practical and commercial
advice on all aspects of intellectual property.
IT FOR IP
We represent the global IP interests of a wide To stay ahead we not only invest in people but also
range of direct clients from sole traders to multi- in technology. To enhance our services we have
national corporations. We also act on an agency developed a suite of on-line services to give our
basis for IP colleagues from around the world. clients unrestricted access to the information they
need when they need it and a simple cost effective
• A full range of Patent, Trade Mark, Design and on-line renewal service. We call this unique on-
Copyright services on a global basis. line facility IT FOR IP.
• Direct responsibility for a portfolio of over If you want to know more about what SH&P can
50,000 active Trade Marks, Patents and Designs. do for you, visit our website or contact us directly.
Patents & Technology

Trade Marks
& Brand Rights

Copyright & Design

Online Services

Free IP Consultation

www.shandp.com
Securing Your Future
Your Intellectual Property is a significant business asset and will play a key
role in establishing your market position, maintaining your competitive
edge and keeping you ahead of the competition. Secure your future by
maximising your investment in technology, innovation and branding
through Patents, Trade Marks, Copyright and Design protection.
In this way you can -
Avoid costly, time consuming litigation which can undermine new
projects from the start
Ensure your competitors do not benefit from your investment in
your business Intellectual Property
Maximise the Intellectual Property licensing potential of
your business

REMEMBER – proper protection of IP assets is often overlooked, but


never by the most successful companies.
SH&P’s team of highly trained Patent and Trade Mark Attorneys are
experienced in all aspects of Intellectual Property in both the UK and
overseas and are here to help you make your business a success.
Contact us for practical, commercial advice on all of your intellectual
property matters.

Stevens Hewlett & Perkins – IPeople


Established in the early 1900’s SH&P has been at the forefront of
Intellectual Property providers ever since. We pride ourselves on our
investment in the best people and this, together with our global
experience in all aspects of intellectual property, puts us in a good position
to help you make the right Intellectual Property choices for your business.
Whether you are an individual, a small business or a multi-national
©Stevens Hewlett & Perkins 2010. All rights reserved

company our aim is the same -

To provide practical, commercial advice on all aspects of IP

To provide an IP strategy that fits the need of your business and


your budget

To provide the IP service you want in the way that you want it

To better serve our clients through our policy of continuous


improvement

STEVENS HEWLETT & PERKINS UK and European Patent and Trade Mark Attorneys
Online Services
We now offer a suite of Online Services for your convenience. These
specially created programs have been designed in consultation with our
clients to provide user friendly Online access to our services -

Free access to your IP records via our My SH&P secure Online link

Online UK Trade Mark renewals at heavily discounted prices

Online estimate and enquiry service

Free IP Review and Consultation Service


If you need professional advice on any aspect of Intellectual Property ahead
of any financial commitment why not take advantage of our free one hour
consultation service. Alternatively, if you would like us to review the
Intellectual Property you have against your business needs contact us to
arrange a free no obligation review.
©Stevens Hewlett & Perkins 2010. All rights reserved

For more information about SH&P or the services we provide visit our
website at www.shandp.com

1 St. Augustine’s Place 1 Pemberton Row


BRISTOL BS1 4UD LONDON EC4A 3BG
Tel: 0117 922 6007 Tel: 0207 822 8410
Fax: 0117 922 6009 Fax: 0207 822 8411
Email: mail@shandp.com

STEVENS HEWLETT & PERKINS UK and European Patent and Trade Mark Attorneys
STEVENS HEWLETT & PERKINS
We offer a comprehensive range of intellectual
property services on a global basis
Filing Applications: to obtain patent, trade mark and
design protection around the world.
Availability Searches: for new trade marks.
Conflict Advice: advice on patent, trade mark and
design infringement situations and
unfair competition law.
Contentious Work: opposing third party patents;
opposing, applying to cancel or
invalidate third party trade mark
applications and registrations;
defending clients whose own trade
marks, patents or designs are
opposed or attacked.
Assignments & Licences: drafting assignments and licences
and applying to record ownership
changes and third party interests.
Watching: maintaining watches on third parties
application activity.
IP Portfolio Management: maintaining and renewing registered
intellectual property rights; assessing
and evaluating the scope of clients
intellectual property portfolios.
Due Diligence: provision of assistance and advice in
acquiring and disposing of
intellectual property as part of
©Stevens Hewlett & Perkins 2010. All rights reserved

business acquisitions.

For further information please contact us:


1 St. Augustine’s Place 1 Pemberton Row
BRISTOL BS1 4UD LONDON EC4A 3BG
Tel: 0117 922 6007 Tel: 0207 822 8410
Fax: 0117 922 6009 Fax: 0207 822 8411
Email: mail@shandp.com Website: www.shandp.com

STEVENS HEWLETT & PERKINS UK and European Patent and Trade Mark Attorneys
Trade Marks and Branding
A Valuable Business Asset
The trade marks and brand names you use to sell your goods and services
are important business assets. Consider the value of any business with the
right to use the brand names associated with it compared to the value of
that business without the right to use the names.
Properly protected, your trade mark rights will add value to your
business, protect your hard earned goodwill, secure future markets
ahead of launch and maximise your licensing opportunities.
Protect your Goodwill
Generally, your customers will buy your goods or services by reference
to your trade marks. These confirm the origin of the goods and act as a
guarantee of quality to purchasers. Protect your trade marks to prevent
competitors using the same or similar marks and trading on your
business goodwill and marketing efforts.
Secure Future Markets
Generally, trade marks are territorial and rights in one country do not
confer the right to use in another. Timely searches and early trade mark
registration can ensure your right to use your trade marks in new
markets in the future.
Maximise Licensing Opportunities
You can licence the right to use your brand names and trade marks but
the value will be directly related to the protection you have for these
assets. If your marks are unprotected, there is little incentive for anyone
to pay a royalty fee to use them.

SH&P provides practical commercial advice on all aspects of trade marks


and branding. Our team of highly experienced Trade Mark Attorneys act
for a wide range of clients and provide advice on trade mark matters in
the UK and all other countries of the world.
©Stevens Hewlett & Perkins 2010. All rights reserved

This fact sheet should not be treated as a legal opinion.


For further information please contact us:
1 St. Augustine’s Place 1 Pemberton Row
BRISTOL BS1 4UD LONDON EC4A 3BG
Tel: 0117 922 6007 Tel: 0207 822 8410
Fax: 0117 922 6009 Fax: 0207 822 8411
Email: mail@shandp.com Website: www.shandp.com

STEVENS HEWLETT & PERKINS UK and European Patent and Trade Mark Attorneys
Why Should I Register My
Trade Mark?
Registering your trade mark has significant commercial advantage -

A registration entitles you to exclude others from using your


trade mark.
The right is defined, in terms of ownership, format of the
mark and the goods or services in connection with which the
mark is registered.
Trade mark infringement may be claimed only if the trade
mark is registered. Success in an infringement action entitles
the trade mark owner to damages, an injunction and to
require destruction of offending products.
Grant of wide protection.
Infringement is defined as unauthorised use of:
i) the identical mark for identical goods/services
ii) a similar mark for identical goods/services
iii) the identical mark for similar goods/services
iv) a similar mark for similar goods/services
v) an identical or similar mark for dissimilar goods/services
where the registered mark has a reputation and the use of
the “infringing” mark is damaging.
Indefinite lifetime of registered trade mark so long as
renewal fees are paid every 10 years, but a mark out of use
for 5 years may be cancelled.
The right to use the ® symbol.
Placing on public record the fact that a trade mark is
registered should act as a deterrent to third parties searching
for a new trade mark to adopt.
©Stevens Hewlett & Perkins 2010. All rights reserved

Right to prevent importation of counterfeit goods.


Where there is an intention to license third party use it is
imperative to have the trade mark registered.
Within a period of six months from filing an application to
register a new trade mark the trade mark owner has the right
to apply in virtually any other country of the world for the
same mark and claim the same priority filing date.
If properly used, a registered trade mark will add to the
value of a company.
Registration is the best form of protection for a trade mark

STEVENS HEWLETT & PERKINS UK and European Patent and Trade Mark Attorneys
What can or should be registered?
Any sign capable of being represented graphically which is capable of
distinguishing goods or services may be registered.
e.g. words designs letters
numerals scents sounds
gestures shape of goods packaging
labels headings get up
names signatures logos
containers colours stylised words

What are the consequences of failing to register?


Someone else could register your trade mark and claim it as
theirs.
Someone else could register a very similar trade mark and
prevent your business expanding under “your” name.
If you decide to leave registering your trade mark until a later
date you could be prevented from registering by someone
who has beaten you to it.
Any claim you make about owning your mark would need to
be established in evidence. This would be relevant if ever
you became involved in a trade mark dispute or if you
decided to sell your company.
It is usually significantly more expensive and complicated to
be involved in a trade mark dispute if your trade mark is
unregistered.
If entering an overseas market you may find yourself having
to purchase rights in “your” trade mark from agents or
distributors who have registered it without your permission.
©Stevens Hewlett & Perkins 2010. All rights reserved

The information on this sheet relates mainly to the U.K. The situation
overseas may differ. This fact sheet should not be treated as a legal opinion.
For further information please contact us:
1 St. Augustine’s Place 1 Pemberton Row
BRISTOL BS1 4UD LONDON EC4A 3BG
Tel: 0117 922 6007 Tel: 0207 822 8410
Fax: 0117 922 6009 Fax: 0207 822 8411
Email: mail@shandp.com Website: www.shandp.com

STEVENS HEWLETT & PERKINS UK and European Patent and Trade Mark Attorneys
Securing Protection Overseas
Trade Marks
Registering your trade mark in the UK affords no rights or protection
overseas; it is necessary to register your trade mark in an overseas
country in order to obtain effective protection there. In some countries,
registration is the only way of protecting it; claiming that you were the
first to use your trade mark in the country or that you have used it there
for many years will afford you no effective rights at all.

Routes to Protection
There are various ways of protecting your trade mark around
the world -

National registration
Protection may be achieved by obtaining registration at a national Trade
Marks Office.
The International Registration System
Applying for trade mark protection individually at a series of national Trade
Mark Offices is expensive. However, a system exists to enable registration
in several countries more cheaply yet whose scope of protection is exactly
the same as if individual trade mark applications had been filed at national
Trade Mark Offices. This is commonly known as the “Madrid” System.
To take advantage of “Madrid”, the trade mark owner must first have a
“home country” trade mark application or registration in place. He may
then choose the overseas countries into which the “home country”
application/ registration is to be extended.
Up to 80 countries in addition to the UK may be designated in an
International Registration.
The Community Trade Mark (“CTM”)
©Stevens Hewlett & Perkins 2010. All rights reserved

The EU consists of 27 Member States. Registration may be obtained


simultaneously in all 27 by means of one CTM application at a significantly
lower cost than the “national” filing route.

STEVENS HEWLETT & PERKINS UK and European Patent and Trade Mark Attorneys
Patents and Technology
Effective patent protection is a key factor in the success of your business.
Patents protect innovative products or new or improved processes.
Sound advice on patents, technology and innovation is essential for your
business to prosper -

A patent is an asset that adds value to your business


because it provides a legal monopoly on an invention.

A patent entitles you to exclude others from making,


using, distributing or selling your invention.

A patent allows you to have more control over your


market, so you can maintain higher prices for longer.

A patent can be exploited by selling your


patented products yourself, and by licensing or
selling your patent.

A patent can confer wide protection for up to 20


years after filing at the Patent Office.

You should not disclose your invention to investors, customers or anyone


else who is not legally bound to keep the innovation confidential. Keep
the innovation secret until after you have filed your patent application at
the Patent Office.
It usually takes several years for a patent application to be granted. It is
essential that you use good patent professionals during the drafting and
©Stevens Hewlett & Perkins 2010. All rights reserved

application process to make sure that the patent is as commercially


valuable as possible.
Stevens Hewlett & Perkins provides a comprehensive, constructive and
commercial patent drafting, filing and prosecution service. We represent
clients directly at the UK Intellectual Property Office and the European
Patent Office and obtain patent protection throughout the world through
our network of foreign associates.

STEVENS HEWLETT & PERKINS UK and European Patent and Trade Mark Attorneys
Why Should I Patent
My Invention?
Protecting your inventions through patents will give significant
commercial advantage -

A patent entitles you to exclude others from copying, using,


distributing or selling your invention.

The protected invention is defined by the claims.

A patent confers wide protection. A patent is infringed by


doing the following acts without the proprietor’s consent:
a) making, selling, offering for sale, using, importing or
keeping a patented product
b) use of a patented process
c) selling, offering for sale, using, importing or keeping the
product of a patented process
d) supplying or offering to supply an unauthorised person
with essential means for carrying out the invention.

Patent infringement may entitle the proprietor to claim


damages, an injunction and destruction of infringing products.

The monopoly conferred by a patent lasts up to 20 years


from the filing date.

A patent is an asset that adds value to your business.


©Stevens Hewlett & Perkins 2010. All rights reserved

You can exploit your patent by:


i) working the patent
ii) licensing the patent
iii) selling the patent.

Continued over page

STEVENS HEWLETT & PERKINS UK and European Patent and Trade Mark Attorneys
Once you have filed your application for a patent at the
Patent Office, you can disclose your invention to investors or
customers without prejudicing your chances of obtaining
patent protection.

While you wait for your patent to be granted you can mark
your product “patent pending”, fostering the idea among
your customers that your product is cutting edge.

Once your patent is granted you can mark your product


with the patent number, deterring potential infringers.

Within a period of 12 months from filing a patent application


at the UK Patent Office, the applicant has the right to apply
for a patent for the same invention in almost any country of
the world and claim the same priority filing date.

Stevens Hewlett & Perkins provides a comprehensive,


constructive and commercial patent drafting, filing and
prosecution service. We represent clients directly at the UK
Intellectual Property Office and the European Patent Office
and obtain patent protection throughout the world through
our network of foreign associates.
©Stevens Hewlett & Perkins 2010. All rights reserved

This fact sheet should not be treated as a legal opinion.


For further information please contact us:
1 St. Augustine’s Place 1 Pemberton Row
BRISTOL BS1 4UD LONDON EC4A 3BG
Tel: 0117 922 6007 Tel: 0207 822 8410
Fax: 0117 922 6009 Fax: 0207 822 8411
Email: mail@shandp.com Website: www.shandp.com

STEVENS HEWLETT & PERKINS UK and European Patent and Trade Mark Attorneys
Patents
Patents are national rights, so if you want patent protection in a country, you
have to obtain a patent for that country. In most countries, valid patents are
only granted if the invention covered by the patent has not been made
available to the public anywhere in the world before the patent was applied
for. For this reason, it is possible in most countries to claim the priority of an
earlier patent application covering the same invention (e.g. claim the priority
of a UK patent application on filing PCT, European and US patent
applications) as long as the patent application claiming priority is filed at the
appropriate Patent Office within 12 months of the first patent application.
Routes to Protection
There are various ways of protecting your patent around the world -

National patent applications


In most countries, patents may be applied for at national Patent Offices.
International patent applications (PCT applications)
Applying for patent protection individually at many national Patent Offices is
expensive, especially since translations are often required. The Patent
Cooperation Treaty (PCT) enables a single international patent application
to be filed which has the effect of patent applications in over 130 countries.
A PCT application may be filed in English, at a local Patent Office. A PCT
application does not result in granted patents directly but it simplifies the
procedure and, since a PCT application is pending for up to 30 months from
the priority date, it keeps options open. After the 30 month period, it is
necessary to enter the national phase in the countries where patent
protection is needed. At that stage, the national patent procedure begins.
European patent applications
The European Patent Convention is an agreement between all Members
States of the European Union and a number of other important countries
(e.g. Norway, Switzerland, Iceland and Turkey). A European patent
application is filed at, examined in and (if found allowable) granted by the
European Patent Office (EPO). At this stage, it is necessary in most
countries to complete some formalities in order to bring the patent into
force. Overall, the cost of obtaining a European patent in three or more
©Stevens Hewlett & Perkins 2010. All rights reserved

European countries is usually lower than the cost of the national route.

This fact sheet should not be treated as a legal opinion.


For further information please contact us:
1 St. Augustine’s Place 1 Pemberton Row
BRISTOL BS1 4UD LONDON EC4A 3BG
Tel: 0117 922 6007 Tel: 0207 822 8410
Fax: 0117 922 6009 Fax: 0207 822 8411
Email: mail@shandp.com Website: www.shandp.com

STEVENS HEWLETT & PERKINS UK and European Patent and Trade Mark Attorneys
IT FOR IP
our lowest ever renewal fees
up to 44% discount per renewal*
data checked via official records
prior to renewal
record register updates at discounted prices
status tracking for your peace of mind
personally managed by our renewals team
simple, secure means of payment
much more…

Developed exclusively by SH&P, our


online renewals program is an
innovative and convenient system
providing the user with a wide range
of benefits. The program combines
the dedicated skills of our renewals
staff with an easy to use on-line
instruction process, to bring you a
low cost renewal service that can be
tracked for peace of mind.
So why not take advantage of…
• simple registration process
• no deposit account requirement
• straightforward five step on-line procedure
• ability to renew multiple rights on a single visit
• payment made online by credit card or PayPal
• optional access via MYSH&P record system.
Online renewals will save up to 44% on our standard renewal service
charges. Unquestionably SH&P Online Renewals is the way forward in
delivering a high quality and trusted renewal service, coupled with
increased value to the client.
For more information please call +44(0)117 922 6007
email mail@shandp.com or visit www.shandp.com

* Standard service charge excluding official fees.


- up to 44% against Trade Marks, 30% on Patents, 44% on designs.

STEVENS HEWLETT & PERKINS UK and European Trade Mark and Patent Attorneys
IT FOR IP
free access to your IP records
totally secure online log in
updated daily
contains key data including images
fully searchable
create your own reports and prints
one click email facility
link to our online renewal service
much more…
My SH&P is a program we have
designed and developed to provide
our Clients with all the information
they need about their Patents, Trade
Marks and Designs. Whenever they
need it - 24/7.
The website interface has been
designed in consultation with our
clients to be user friendly and jargon
free. Effectively it gives you a secure
database and the opportunity to
offset the total cost of record keeping. The service is provided free
of charge and is accessed via conventional web browser software.
So if you want…
• freedom to work where you want, when you want
• your IP records maintained by dedicated SH&P staff
• a direct link to SH&P on-line reduced cost UK renewals service.
Then you need

My SH&P will save you time and money and ensure you are always
up-to-date with the information you require.
For more details about My SH&P and other SH&P services please
call +44(0)117 922 6007 email mail@shandp.com or
visit www.shandp.com

STEVENS HEWLETT & PERKINS UK and European Trade Mark and Patent Attorneys
IProfessionals

P A T E N T S . T R A D E M A R K S . D E S I G N S

S TEVENS H EWLETT & P ERKINS


1 St Augustine’s Place, Bristol BS1 4UD Tel: +44(0)117 922 6007 Fax: +44(0)117 9226009
1 Pemberton Row, London EC4 3BG Tel: +44(0)207 8228410 Fax: +44(0)207 8228411
email: mail@shandp.com www.shandp.com

We are members of the following organisations:

AIPPI