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What’s your secret for great customer service?

Have you ever sighed at the thought of ringing your bank, or a utility provider? Is this because experience tells you that you’ll be asked to press 1 for that department, then 2 for the next, then another to describe your reason for calling, then you’re asked to enter your account details and pass a security check before you actually speak to a human being? Then often are told you haven’t reached the team you need and need to be transferred? Does that feel great – particularly as the number you’ve rung is called Customer Service and it can feel anything but.

As someone who relishes good customer service, like most of us I am sure, I want to speak to someone that understands, can give advice or rectify any issue we have in the least amount of time. We want the ‘Perfect Customer Experience’.

However, we all know in the real world this doesn’t always happen but I am still happy if the person I speak to at least gives it a try and promises to call me back if they need to look into my issue further.

A recent survey said that only 26% of consumers responded positively when asked if they believe customer service centres provide great support, compared to 49% who did not. This clearly shows how the industry is missing the mark in relation to customer expectations.

In 2011 80% of consumers said they prefer talking to an advisor on the phone, but times have changed – consumers now want to be able to research for themselves and take control of the conversation – including the ability to communicate in multiple ways, including e-mail, live chat, or ‘click to call’ support from a website.

So while I believe that it is still extremely important to maintain a strong phone presence, it is equally important to demonstrate that you have consistency of response quality across other multi-media channels, including social media platforms.

Customer satisfaction is finally climbing up the priority list and, in my opinion, is the most important factor of a successful business. These changes are indicative that consumer demands are driving the shift in metrics.

Here at Credo Asset Finance, we have always been striving for the ‘Perfect Customer Experience’ and we invite customers to go to our ‘Meet the Team’ page so they can see who they are dealing with. Clicking onto individual profiles outline their specialism and their contact details and helps potential customers find the right person they want quickly and simply. Our web analytics show this is one of our most viewed pages, so we know we’re right to invest in this page – have a look at ithere!

We are also available on e-mail, live chat and social media platforms, giving people choice on how to contact us. We have invested in our YouTube channel too and created some useful videos to help with all the finance jargon, take a look at it here!For free, true advice about your Asset Finance needs remember you can always call too! We love to chat!

And we also love to learn! What’s your secret of great customer service in your business?

Property Under Wraps

17 December 2015

Owning your business premises could help you build a bigger pension fund.

Indisputably, pensions have a powerful tax advantage, but if you’re a director or owner of a small business, the company’s assets could help you generate a bigger pension fund faster.

The boost is achieved by holding your business premises within a pension wrapper. Once those premises (including any commercial or agricultural land) are ‘owned’ by the pension, they can be leased back to the business and, significantly, rent paid by the business can go directly into your pension pot.

The tax breaks mean that business owners can build their retirement nest eggs quicker, especially if tax-relievable contributions are made from income.

Building on success

The commercial property market has been performing well over the past few years, owing to improving economic conditions and low interest rates.

Of course, good performance shouldn’t be seen as a guide to the future, since there will be years when property falls in value.

Putting capital gains to one side, however, it may be that the decision to move property into a pension wrapper is validated by the combination of tax benefits and new pension freedoms; these include the availability of uncapped income from age 55 and the possibility of mitigating death taxes altogether.

Safety warning

Only a self-invested personal pension (SIPP) and a small self-administered scheme (SSAS) can hold commercial property. Many business owners will not have sufficient funds to purchase their premises outright, so they can face the challenge of borrowing money to acquire the property. The rules allow investors to borrow up to 50% of the value of their pension pot to fund the purchase.

Once everything is established, there’s also the task of making sure that rental income is invested appropriately.

Remember also that property tends to be illiquid when compared to other investments. It could take months, or even years, to sell the premises at the right price – the market might be down at just the moment you want to sell.

These are just some of the reasons that directors and owners of small businesses should seek advice from a specialist before taking action.

Height restriction

One increasing challenge is the introduction of a reduced lifetime allowance of £1 million in April 2016.

To receive a complimentary guide covering wealth management, retirement planning or Inheritance Tax planning, contact Martin Vincent on 07725 971543 or email [email protected]

The levels and bases of taxation, and reliefs from taxation, can change at any time. The value of any tax relief depends on individual circumstances.

TLC are working with Xexec Fast Track 100

Tudor Lodge are delighted to announce a partnership with Xexec, the leading employees discount and staff benefits solution in the UK. Featured in the Tech Track 100 for 3 years (2012, 2013 and 2015),the London-based company gives large and medium size enterprises a solution tokeeping staff motivated.

Creating an online portal for each company, employees have their personal login and gain access to thousands of specific discounts and offers from all over the country. With clients such as 02 and BUPA, employees stay motivated by having access to discountedholidays, theatre tickets, music concerts and everyday household items.

How we are working together

Xexec are not ranking on Google for any of their key search terms such as employee discounts, staff recognition or employee engagement – which is why they came to Tudor Lodge Consultants!

Together, we have devised a strategy to attract B2B customers, optimising every aspect of the website including content, meta data, headings, images and more. It is important thatall the relevant information is available on the website so Google can understand what Xexec offer and rank them accordingly.

In addition to this, we have been working hard on their PPC (pay-per-click) campaign on Google so that we can test out hundreds of keywords and get an idea of what search terms are best and where we should focus our resources.

The Christmas period is a particularly busy time as employers are always looking to motivate staff around the holiday season, other than a Christmas bonus and a party at the end of the year. Staff will respond well to discounts on items and events that they can share with their loved ones, so it is crucial that we can boost their ranking in time.

Next Steps

As we plan the next 6 months for the Xexec website, we are planning to enhance the user experienceby creating a mobile-friendly website and adding more images and videos to create a more visual experience. We are working hard at getting PR for the company as more mentions and links on external sites will make the website seem more relevant in Google’s eyes and lead to higher rankings in the search results.

On Call, The Telephone Interpreting Service for Global Businesses

Máte telefónne tlmočnícke služby?*

Unless you speak Slovak you probably don’t know what that means. As a translation and interpretation agency, Integro Languages’ response is our telephone interpreting service On Call. Data from the UK Census shows that many British residents do not speak English as their first language. With no shared language, communication becomes very difficult.

Within their figures, an estimated one million residents struggle to communicate in English.

According to Norfolk Insight, between 2003 and 2014, Norfolk gained around 29,300 residents from net long-term international migration. The current number of non-British people living Norfolk in 2015 hovers around 46,000. Over the past five years, the highest numbers of National Insurance Number registrations for Norfolk are to nationals of Lithuania, Poland and Portugal.

Considering these facts, it seems like a smart decision for Norfolk-based businesses to cater to limited English-speaking residents. Language skills are needed by local authorities, doctors, the police, legal organisations, insurance companies… Be it a Mexican who does not understand a landlord’s housing contract, or an insurance company that needs to interpret for a Lithuanian whose car has been scratched. Many professional bodies and individuals are lacking the language skills to communicate their needs effectively.

If you are a business based in Norfolk and receive a call from a customer with limited spoken English skills, how do you react? Integro Languages is here to fill the language skills gap.

Our On Call service connects users with 5,500 linguists worldwide, allowing them to communicate in over 150 languages, around the clock. When a call is received, the operator connects you with an interpreter, thus starting a three way call between the caller, interpreter and the limited English speaker. Taking an average of just 14 seconds for an operator to connect you to a Spanish operator, and less than 60 seconds for Indonesian, we provide a fast and reliable service.

*Oh, by the way-it means “do you have a telephone interpretation service?” Luckily for you, we do.

Counterfeiting still on the rise says European Commission

Statistics published at the end of October 2015 by the European Commission (EC) show a continued increase in the number of shipments suspected of violating IP rights. In its ‘Report on EU customs enforcement of IPR‘, the EC identified internet shopping as a major source of counterfeit goods in the EU in the previous year. Cigarettes were at the top of the list of detained articles, followed by toys and medicines, and electrical household goods.

The EC’s latest report shows that customs authorities detained 35.5 million individual items of fake or counterfeit goods in 2014, with an overall total value of more than €617 million. According to its findings, the increase in detentions can be linked to the large amount of small parcels in express and postal traffic due to the rise of internet sales. The report also points to “the pivotal role of EU customs administrations in the fight against counterfeit goods” (click here for more information on how to work with customs to identify and seize infringing goods).

All types of products are at risk Counterfeiting affects a broad a variety of goods; from t-shirts to handbags, machinery and automotive parts, toys, batteries, pharmaceuticals, perfumes and electrical goods. As a general rule, if a company has a product or a brand that is popular and in demand, then it’s likely that it is or will become a target for counterfeiters.

In its analysis, the EC found that cigarettes were the most counterfeited goods in 2014 (35% of articles detained), followed by everyday products “which are potentially dangerous to the health and safety of consumers”, such as food and beverages, toiletries, medicines, toys and household electrical goods (collectively 28.6% of the total). As in previous years, China was the primary originating country (80%) of counterfeit goods, followed by Hong Kong, the United Arab Emirates, Turkey and India. Panama was the top source of counterfeit alcoholic beverages.

What happens after seizure? Once a suspected counterfeit product has been seized and a brand owner alerted, the trademark owner will typically have three options, namely:

  • To request the destruction of the goods;
  • To commence court proceedings to seek legal redress;
  • To decide not to pursue any action, in which case the detained goods will be released.

However, even if the quantities involved in the seizure are small, it is generally not advisable to choose to overlook the infringement and allow the items to be released. Not only will taking action indicate to customs and infringers that a company is serious about fighting counterfeits, but it will also ensure that the seized goods are permanently removed from the market. In more than 90% of the detentions assessed for the report, goods were either destroyed or a court case was initiated to determine an infringement.

Support for brand owners On 1 January 2015, a new Regulation on IP enforcement at customs came into force in the EU, strengthening customs authorities’ ability to protect brand owner rights by widening the list of possible IP infringements. For example, the new regulation allows for infringements based on confusingly similar trademarks in addition to identical marks. It also extends the list of protected rights to trade names, topographies of semiconductor products, utility models, devices to circumvent technological measures and non-agricultural geographical indications.

The procedure for destroying goods suspected of infringed IP was also amended. Such goods can now be destroyed by customs control when they are suspected of infringing IP, and without the need to initiate a legal proceeding to determine the existence of an infringement. A new procedure for the simplified destruction of small consignments was also introduced to facilitate the destruction of goods shipped by post or express courier.

EU customs notices are administered through an online database – the anti-Counterfeit and anti-Piracy Information System (COPIS). This database is used by customs authorities to register applications for actions from IP right holders, as well as all infringements according to the category of goods and right-holder.

To find out more about counterfeiting or for assistance developing an anti-counterfeiting strategy, read our anti-counterfeiting FAQs.

Regentsmead SEO Project

Tudor Lodge Consultants are thrilled to be offering SEO (Search Engine Optimisation) for Regentsmead.

An award-winning property development company in London, Daniel and his team from Tudor Lodge have been busy in Q4 helping Regentsmead rank on Google’s organic searches for relevant search terms.

Taking an honest, clean and white hat SEO approach, the focus has been to tidy up all the meta-titles, alt text and headings on the site and add fresh content and videos. The results has seen a first page result for ‘property development finance,’ ‘development finance’ and other related keywords.

Looking forward, Tudor Lodge aim to help Regentsmead get top spots on Google by increasing their link profile. This will involve gaining strong links from other authority websites in the industry and finding new PR opportunities.

About Regentsmead

Regentsmead dates back to 1934 and recently celebrated their 80th Anniversary. The companyhelpdevelop property all over the UK. Led by CEO James Bloom, as well as working with experienced developers, they are used to helping inexperienced developers raise finance and get into the property market, supporting them every step of the way.

One of the best things about Regentsmead is their customer service. You will notice on their website that they have a LiveChat which puts you directly in touch with one of their loan executives, so you quickly know exactly who you are working with and you get the personal attention you require.

In 2015, they won the Moneyfacts award for Best Development Finance provider and we are pleased to be working with them to generate more online interest and allow them to build their property portfolio.

Apprenticeships – Harnessing New Talent

Paul Robinson Partnership (UK) LLP, leading Norfolk based Architectural and Surveying Practice, are strong supporters of the apprenticeship scheme and have seen first-hand the benefits which the scheme has had on the their business. The Practice have welcomed two new apprentices to their experienced team this past year and have been delighted to see them both flourish, exceed expectations in all respects and become valued assets to the team. Simon Nicholas, Partner at Paul Robinson Partnership, said that it is “important to invest in young people and provide opportunities for those wanting to gain experience in a particular industry”, and added that the “apprenticeship scheme is a fantastic way to harness new talent for any business”.

Kori Moore, one of the Practice’s apprentices, has recently completed his apprenticeship and the Practice were delighted to welcome him as a full time employee of Paul Robinson Partnership. The practice have been impressed with Kori’s progress and have enjoyed watching him develop and improve his employability, describing his technical design expertise as above and beyond what would be expected. When asked whether Kori had enjoyed his apprenticeship and what he saw the major benefits of the apprenticeship scheme being, Kori stated that his apprenticeship had “given him the opportunity to pursue his dream of a career in architecture in a supportive and creative environment”, he further added that “it has been great to learn on the job, gain experience in the work place and build up knowledge by learning from the more experienced members of the team”.

The Practice wishes to continue to develop home grown talent, providing opportunities for young people, with a passion for architecture.

A sense of place: city domains

.london, .amsterdam and .vegas are just three of the 30 domain name extensions relating to cities that are now open for registration. These new, localised domains provide companies that operate in key locations a unique marketing channel.

Changes to the domain name system – in particular, the launch of new generic top-level domains (gTLDs), such as the so-called dotBrands – have forced companies to re-evaluate their domain name registration and monitoring strategies. As the number of gTLDs has expanded, so too has the risk of cybersquatting, typosquatting and other forms of trademark infringement. However, expansion to the domain name system has heralded in opportunities too; in particular, the opportunity to market goods and services to specific, localised demographics. The new city-based extensions are a perfect example of this.

Selling a city City-based extensions can be effective marketing tools for companies that are seeking to target consumers in certain localised extensions. They can also work effectively for companies seeking to emphasise their relationship with a specific place; for example, a company that produces London-centered merchandise. This also has benefits when it comes to Google searches.

At present, the most popular of the new city domains is .nyc, closely followed by .london and .berlin, according to gTLD tracker nTLDStats. Also proving popular are .tokyo, .moscow, .amsterdam and .paris.

Which domain names are right for you? With new domain name extensions being launched on an almost daily basis, it can be a challenge for brand owners to identify those gTLDs that warrant registrations, those that may need to be monitored for infringement, and those that they can safely ignore. Novagraaf provides a complimentary domain extension alert services that can help you keep on top of new and upcoming gTLD launches (sign up for free here).

We also recommend putting in place a clear domain name registration policy to ensure that you are protecting your trademark rights online in the most cost-effective manner. Click here for our five-step approach to aligning domain name registrations with IP and business strategy.

We’ve helped GLC get to the first page!

Tudor Lodge Consultantsare delighted to have helped our client (https://www.guarantorloancomparison.co.uk/)reach page 1 on Google forguarantor loans.

We have helped GLC gain this position through the use of Search Engine Optimisation (SEO). It has involved a continued effort to add quality content to the site and gain traction and PR from a variety of news and industry sources. In addition, we have followed Google’s guidelines to create a good user experience, adding images and videos where necessary and ensuring that the site speed of the website is very fast. Plus, the site is fully responsive on desktop, mobile and tablet – something that Google loves to see.

Daniel Tannenbaum who is the account manager for GLC said: “We have been working on the SEO for GLC for 12 months. Considering that there are over 50 guarantor lenders in the UK and around 12,000 monthly visits on Google for this search term, getting on page 1 is a very exciting proposition. Wehope that they will receive some quality leads and this will help the site grow from strength to strength. Trying to rank for loans on Google is very competitive as there are companies all over the world competing for these positions. We are thrilled that our hard work has paid off.”

GLC is a basic comparison site for guarantor loans in the UK. Users can view over 10 different companies, the rates they charge, loan amount and duration. For more information, please enjoy the video above.

Top Tips For Profitable Google AdWords Campaigns

Here are some top tips that I would offer to any advertiser who is considering using Google AdWords, or who has already got started.

The power of advertising on Google search is that you can display your adverts to highly targeted audiences at the precise moment they are seeking your product or service. The Google AdWords platform is an amazing technological achievement, but it’s easy for a new advertiser to get lost in the detail and quickly waste money.

Foundations Take the time to plan and think through how your campaign will be structured. If your website navigational structure makes sense to your customers then it is probably sensible to structure your AdWords campaigns around it. A Google AdWords Account has a hierarchy of Campaigns and Ad Groups that sit within Campaigns.

An Ad Group is a collection of similar keywords, plus one to three adverts that are related to the keywords. An Ad Group may contain up to 10 or 15 keyword variations. Any more than that and you should probably group the keywords tighter by splitting some out into new Ad Groups. In a highly targeted set-up, a single keyword will often be used in an Ad Group with a highly relevant advert.

Ad Groups are stored in Campaigns and you can put all of your Ad Groups in one single Campaign. The reason why you might create more than one Campaign is if you wish to control how the budget is shared amongst the Ad Groups. For example you might have one set of Ad Groups that you are targeting 100% of the available Impressions, so you might put those into one Campaign and allocate sufficient budget to that. You might then put the remaining Ad Groups into a separate Campaign on its own budget. Other reasons for creating more than one Campaign might be if you wish to target the Google search and display networks (use a separate Campaign for each), or target each Campaign to different geography or day and time scheduling.

Think Like a Customer Too often advertisers focus on what they have to sell and forget to think like a customer. When buying a product or service, a customer is often spoilt for choice. They probably have many alternatives to choose from over your product or service, so you have to put your mind-set objectively into that of our customer, and ask:

  • Why would they choose you over any and all of the alternatives that are available to them?
  • What criteria will they use to quickly sort through the choices to end up with a shortlist to choose from?
  • What would they search for if they were looking for a business like yours?

Thinking like a customer should help you with the creation of keyword lists and ideas for advert copy with strong call-to-actions.

Targeting When setting up Google AdWords, a key targeting method to avoid budget waste is to pick only the most relevant keywords for your business. But check in your Campaign settings that you are taking advantage of the other powerful targeting methods as well:

  • Locations – in addition to picking the geography where you wish to display adverts, you can also exclude locations where you wish to avoid showing adverts. For example, you may wish to target England but from experience you know that certain towns or regions are less likely to convert, so you can exclude those. Alternatively, you may find in your AdWords data that certain locations convert at a higher than average rate, so you can use Bid Adjustment to increase the amount that you are prepared to bid for a click if the potential customer is in that location.
  • Ad Scheduling – you might wish to restrict the display of adverts to specific days of the week or time of day. You use Ad scheduling in Settings to do this. You may also use Bid Adjustment to increase your bid at specific times of day that are more likely to convert.
  • Devices – you will probably wish to display adverts across desktop and mobile searches but on mobile it is even more important to have a high display position in the search screen, so you may wish to use Bid Adjustment to increase your bid when a potential customer is searching for your business on a mobile device.

Relevance Make it easy for the potential customer. The adverts should be focused and relevant to the keyword phrase and should point to the most relevant part of your website that has strong call-to-actions. Don’t drop the potential customer in on the home page and expect them to navigate to the correct page: Take them straight there.

Keyword Matching Set the Match Type for each keyword based on how closely you want Google to match the actual search made, with your chosen keyword.

  • Broad match – as its name suggests, this is the broadest form of keyword targeting and your advert may display to a wider range of searches than you would like. E.g. keyword red shoes will display for ‘buy new red shoes’ and may display for ‘second hand shoes’ and ‘buy red socks’.
  • Broad match modifier – a more targeted version of Broad Match. Just put a plus symbol directly in front of one or more words in a broad match keyword. Each word preceded by a + has to appear in the search query exactly, or as a close variant. E.g. keyword buy +riding +hats will display for ‘women’s riding hats’ and ‘riding hats for men’ but not for ‘women’s riding lessons’.
  • Phrase match – gives more precise targeting by displaying adverts for searches that are very close to the chosen keyword. E.g. keyword women’s hats will display for ‘buy women’s hats’ but not for ‘women’s riding hats’.
  • Exact match – gives the most precise targeting by only displaying an advert to searches that exactly match the chosen keyword, or very close variations to it. E.g. keyword buy red shoes will only display to searches of ‘buy red shoes’ and not ‘buy blue shoes’ or ‘buy ladies’ red shoes’.

A word about keywords. When we say keywords, we really should be saying ‘keyword phrase’. Single word keywords are rarely used to display adverts as they are too broad and may attract non-relevant searches. The ideal keyword phrase will consist of at least two words and probably no more than four.

Negative Keywords The keyword types above are used to display adverts when they match Google searches made, but one of the most important keyword types that is often underused is ‘negative keywords’. These keywords prevent an advert from displaying when the negative keyword is included in the search query and are a vital tool in creating and developing a highly targeted campaign. For example we often add ‘how’, ‘what’, and ‘if’ as negative keywords to filter out information-only seekers. The list will vary depending on the business of each advertiser, but we would expect to see a very extensive list of several hundred negative keywords that are being added to regularly, based on the AdWords Search Term report of actual searches that have resulted in clicks on the adverts.

The keyword match types used to display adverts can also be used for negative keywords but the majority of negative keywords will usually be single words set to broad match.

Most AdWords accounts that we analyse have insufficient negative keywords.

Impression Share An Impression is a single advert display and the Impression Share is simply the percentage of times your advert has been displayed out of the available searches for that Campaign, Ad Group or Keyword.

We see many AdWords accounts where the campaigns are budget-constrained and only achieving an Impression Share of 20% or less. This probably means that the budget is being shared over too many keywords or that the overall keyword performance is poor. You should be aiming for overall Impression Share figures of over 80%. It would be better to focus the budget on fewer, higher performing keywords than spread it over a large number of keywords where only a relatively small percentage of available advert impressions can be skimmed off.

Advert Position You can’t buy individual spots on the search results page but you should keep a very close eye on where your adverts are displaying on average and take action if the average is too low. For desktop searches we prefer to see the advert averaging at least in the top three positions and for mobile we want to get to as close to position one as possible, as less search results are displayed on a mobile device. To improve your advert display position you need to improve the quality of the overall campaign by looking very closely at targeting and improving the relevance of keywords, adverts and landing pages. Simply raising the keyword bids will probably raise the advert display position but we would be looking at improving the quality first.

Optimise regularly Check the campaigns on a regular and methodical basis but don’t micromanage. We check new campaigns daily initially but want to move as quickly as we can to a weekly check and optimisation process. How often you should be checking is all down to the volume of data that your account generates and this is dependent on how many impressions and clicks it receives. The full optimisation process is beyond this particular article but essentially you should be looking to improve what is working and remove what isn’t. If a keyword or advert has had at least 200 impressions and the Click-Through-Rate (CTR) is poor (less than 2%) then you should consider changing or removing it. If the CTR is less than 1% then it probably needs removing. If the keyword of the advert has had at least 200 clicks and the conversion rate is poor, then you should consider changing or removing it.

Be very careful not to micro-manage. You need enough data to make decisions about how to optimise the account and you need to view long-term data to smooth out theday-to-day inconsistencies.

Don’t drown in data A final thought: a Google AdWords account can generate huge amounts of data over time and it is easy to get caught up in the detail. Work out what your objectives and priorities are and when checking the account, start at the farthest out view and then drill in.

Check which Campaigns represent the bulk of the spend? Focus on those. Is Click-Through-Rate less than 2%, Impression Share less than 80%, Average Position less than 2, Conversions less than your target?

Then drill into the Campaign to examine it at Ad Group level. Looking at the Ad Groups that represent the bulk of the spend, which ones need the most attention to fix your measures? The answers will probably lie within the targeting and at keyword and advert level.

Consistency While you can pick some keywords, write an advert and put a campaign live right now, don’t expect top rate results instantly. Building an efficient and profitable AdWords campaign takes time. You need to build a solid campaign around a tightly focused set of keywords plus relevant adverts and then build enough data to allow you to understand how to develop it. You need to be able to test keywords and adverts, examine the search terms report, work out where your most profitable customers are located and when they are most likely to be seeking your business.

Intellectual property and business potential

Patents, trademarks, designs and other forms of intellectual property (IP) play a key role in the success of all modern businesses. By providing a company with a legal means to prevent others from copying an invention, brand or product, IP rights enable inventors and creators to obtain a return on their investments in research and development, and to maximise the potential of their businesses, as Novagraaf’s Peter Wilson explains.

Whether directly or indirectly, consciously or unconsciously, IP will play a major role in any company’s future success. A company’s brand value or its product or innovation portfolio are key value differentiators, providing plenty of strategic reasons for initial and ongoing investment. In order to capture that value, however, investors need to be sure that their target companies keep on top of their IP assets, including protecting intangible assets and keeping the associated rights and records up-to-date and in force.

IP attorneys can – and should – be brought in to support investors during the assessment and due diligence phases of a potential investment. Typically, this will include:

  • IP auditing to assess the validity and extent of a target business’s existing and potential IP rights.
  • Due diligence to ensure the correct chain of ownership is in place and to identify the existence of potential third-party objections or claims.
  • Patent landscaping to review IP rights in relation to their technology space, and thereby identify a patent’s strength or vulnerability in light of market activity.
  • Freedom-to-operate studies to identify conflicting rights in order to assess how vulnerable the business may be to an infringement suit or litigation.
  • IP consultancy to identify strategies for strengthening rights and shoring up portfolios based on vulnerabilities identified during the above analyses.

Getting IP ready for investment Before investors even get to the due diligence phase, however, most will begin by reviewing potential investment opportunities from an IP perspective. Therefore, companies looking to attract venture capitalists, private equity firms or even industry grants or loans would also be wise to focus on capturing and shoring up their IP assets before they even begin the process of looking for funding or external investment.

Depending on the company, this will typically include asking internal stakeholders:

  • Have patent rights been put in place for all core inventions, including defensive filings where relevant?
  • Has the company or product’s brand and/or visual appearance been protected as trademark/design rights in all key jurisdictions?
  • Is the IP’s ownership clear and up-to-date; for example, where it has been created by multiple stakeholders or passed from one company to another?
  • How crowded is the market and technology space for any new/core inventions – is there a risk of a third-party infringement claim?
  • Where does the IP sit in relation to competitor activity – does the portfolio need to be reinforced with additional filings?
  • Does additional IP exist in the business that has yet to be protected?
  • How do the identified strengths and weaknesses of its IP portfolio impact on a business’s value and potential?

In an ideal world, IP will have been diligently captured, maintained and recorded as a company grows and expands; unfortunately, this is not always the case. By overlooking their core assets, however, companies risk short-changing themselves when it comes to attracting investment and maximising their future chances of business success.

It’s also important to remember that not all IP exists as registered rights and so an assessment of all company documents will generally be needed to locate other valuable intangible assets, such as copyright or confidential information, licences or distribution rights.

Peter Wilson is a patent attorney at Novagraaf in Norwich

Battle of the IP rights: What happens when trademarks conflict with design registrations?

Managed as part of an IP portfolio, trademarks and registered designs are complementary rights that enable owners to protect and enforce their brand assets. But, what happens if a third party registers a design that conflicts with a brand owner’s existing trademark rights? A recent case, heard by the EU’s General Court last month, considered this very issue.

The case in question dates back to August 2010 when global fashion brand Diesel SpA brought an application for a declaration of invalidity against a Registered Community Design (RCD), bearing the word ‘DIESEL’. The RCD had been filed by a Mr Dairek Attoumi and registered by the Office for Harmonization in the Internal Market (OHIM) in 2008 for use on ‘belts’. Diesel’s earlier trademark for the word mark ‘DIESEL’ also covered belts and clothing.

In a February 2012 decision, OHIM’s invalidity division found that a likelihood of confusion existed between the signs in question and that, as Diesel was able to exercise its right of exclusivity to the DIESEL trademark, the RCD was found to be invalid. Attoumi filed an appeal and requested that the proceedings be suspended. However, OHIM’s Board of Appeal ruled against him in 2014.

Undeterred, Attoumi contested the ruling. Among other things, he sought to challenge Diesel’s invalidation action based on a Spanish trademark ‘SDD SUPER DIESEL DAIREK’ (of which he is also the registrant), whose existence, Attoumi argued, lessened the likelihood of confusion between Diesel’s mark and his RCD. However, in its 9 September judgement, the EU’s General Court refuted Attoumi’s arguments. After noting that the DIESEL trademark was able to enjoy a right of exclusivity on account of its distinctive character and seniority, the court also confirmed the cancellation of the contested design right.

Trademarks are powerful rights Article 25(1)(e) of the European Council Regulation on Community Designs allows brand owners to invalidate RCDs based on prior national and/or Community trademark rights. This provides trademark owners with an important tool; in particular when it comes to protecting and enforcing rights in relation to product, packaging and logo design.

To bring an invalidation action, brand owners need to show, as in the Diesel case, that the contested RCD is identical or similar to their trademark rights, that the RCD covers identical goods and that, as a result, there exists a likelihood of confusion on the part of the public. The RCD must be filed after the trademark right for which the brand owner is bringing the action. However, it’s important to note that the process covers unregistered as well as registered trademark rights; therefore, also enabling actions based on passing off in the UK.

Capturing and enforcing trademark and design rights Of course, the ideal scenario for brand owners would be to register both their trademark and design rights prior to brand or product launches, thereby protecting against the risk of infringing design registrations in the first place. Design registrations are especially recommended for products that use design to differentiate themselves in their market. (Find out more about registered design rights here.)

To guard against RCD infringement for key trademarks and designs, brand owners should also consider putting trademark watching strategies in place. This should include, for example, monitoring and assessing all new trademark and design registrations (e.g. registrations of logo designs) at the relevant national and international trademark registers to identify potential conflicts with your trademarks.

As with trademark enforcement in general, the earlier an infringement is detected, the easier it will be to oppose registration of the conflicting mark.