Client Testimonials
"Dealing with Waterfront... has been a very easy process from the start. The team are extremely professional, knowledgeable and friendly. We are a start-up technology company with no experience when it comes to legal matters, so it could have been a minefield. However, Carole, Trixie and co explained everything in layman's terms and made me feel very comfortable knowing the fact that my business was now in good hands.
The quality of their work, the understanding of our requirements and technology and the speed in which they produced our documentation were all first class. I feel we have a great relationship with Waterfront... and now I wouldn't consider using anyone else."
Phil Reed, Director, FinQS
Trade Marks & Goodwill
Trademarks can be registered or unregistered. Registered trademarks afford more protection to the trademark owner than unregistered trademarks. Ownership of registered trademarks only gives you rights in the territory where they are registered. In England and Wales, you have two options when registering a trademark - you may register the trademark to give you protection in England and Wales or you may register the trademark as a Community Trade Mark to provide protection throughout the European Community.
You should ensure that any right that you give another party to use your trademarks is contractually limited giving you the right to confirm your agreement to the specific use of the trademarks and to withdraw your consent to their use at any time should you wish to do so.
More general information on Trademarks is contained in the IP Legal Basics section.
Goodwill
Goodwill accrues in your trademarks as they are used by third parties. An example is the appointment of a distributor in a territory in which you do not currently operate. If the distributor manages successfully to build brand image using your trademarks, you are at risk of the goodwill in your brand belonging to the distributor, and in the worse case scenario, you would be unable to use your trademark or to benefit from the goodwill that exists in that territory should you decide to trade there yourself. It is important for contracts to ensure that any goodwill accruing in your trademarks as a result of your business relationships belongs to you.