EUREKA! REVIEW™ - TRADE MARKS PORTFOLIO REVIEW

In providing complete trade marks services to our clients, nicholasweston’s practitioners also are available to conduct a portfolio review programme known as Eureka! Review™. This programme aims to establish the client’s clear chain of title to exploit each asset and provides for an in-depth review of the client’s pending trade mark applications and registration particulars issued in Australia and in overseas jurisdictions. We confirm that the register accurately reflects the legal owner and user details for each trade mark application and registration in case the named owner is not the purported owner, or the actual user and determine the risk of losing the mark for non-use or because government fees have not been paid.

We check for opposition proceedings to pending applications. We check whether the cancellation or other actions challenging validity of any registered trade marks are in progress. We seek to identify all unregistered trade marks the client uses around the world. We establish whether there are any existent licensing, distributorship or franchising agreements; if so, whether the license is oral or written and establish its key terms. The who and how of the quality control being exercised over use of the trade mark can be fundamental to its security and good standing.

The purpose of a Eureka! Review™ is to confirm that all trade mark applications and registrations are valid and in good standing in all relevant jurisdictions, that there are no allegations of infringement, or challenges to the validity of the rights.

Eureka! Review™ also serves as an educational tool for our clients, as well as a barometer of the effectiveness of existing trade marks portfolio management programmes for new or prospective clients.