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Guidelines for IP Due Diligence Processes

IP tools used for answering due diligence questions have varied over the years and will continue to evolve.  With each iteration they become much more effective and efficient at saving time and inspiring thinking for better decision-making. Using analytical tools to create a visual display of information saves valuable time during the due [...]

Step Five for Assessing M&A Business Opportunities

Step 5. Determine the Existing Scope of Intellectual Asset Protection.    To complete this step the future entity’s management team must examine the scope of technical know-how, trade secrets, patents, copyrights, trademarks, and existing licenses. Each assessment requires expert opinion and is described in very general terms below: Technical know-how. The scope of [...]

Relationship Between Type of IP Protection and Business

Intellectual Property Use Matrix Tying these forms of intellectual property and intellectual assets to business needs and activities are shown in the “Intellectual Property Use Matrix” figure. In this figure the four main business silos of executive and strategic management, manufacturing, operations, and financial are shown along with the typical ways in which [...]

Implementing a Trademark Strategy

When considering a mark to use, after completing the searches, “implement” is the next step in the branding strategy. It is accomplished by acquiring rights in one or more marks. To obtain a registered trademark, the applicant must provide a description of the mark and the types of products and services in association [...]

Use of Decision Tree to Guide Product Branding

To avoid brand confusion, large corporations typically build a decision tree to guide product branding. The first step in step in a decision tree typically relates to COMMITMENT. The questions are: Is a product committed to the corporate standards? Is there a strategy for maintenance and growth? Is a product one a fighting [...]

Trademark Availability for Use

Having identified one or more possible marks for particular product, the next step of the mark selection process is checking the marks availability for use. A screening search of federally and state registered trademarks usually makes an effective initial cut at an availability search. The purpose of the search is to determine if [...]

Selection and Differentiation of Trademarks

A mark selected for a premium brand will most likely differ from a mark selected for a product that aims at economy minded consumers. Similarly, high tech marks that appeal to a tech savvy portion of the market may be meaningless to the less technically educated consumers. Artistic mark selection factors include: color, [...]

Brief Definition / Description of Trademarks

An effective branding strategy includes positioning a product or service in the marketplace so that consumers automatically associate certain features and characteristics of the product with its brand name. The process includes selecting an appropriate mark to distinguish the product or service, acquiring rights in that mark, properly using the mark to preserve [...]

Steps in Implementing a Trademark Strategy

Steps in implementing a trademark strategy include assessing the market, selecting a mark that distinguishes the company’s goods and services from those of the competitors in the market, clearing the mark to assure its availability, and properly using the mark to secure trademark rights. The process of mark selection involves some important concrete [...]

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