The term ‘Brand Acquisition’ includes purchasing a brand and other rights that could become the foundation for development or further growth of an existing brand or trademark. We divide our ‘Brand Acquisition’ services into three categories:
Registered Trademarks (TM not in use).
The category ‘Registered Trademarks’ concerns trademarks that are registered, but currently not in use, either as national or international trademarks. Ideally, the classes of goods and services these trademarks cover, the range of registration options (countries/registers) and the brand character (message, associations, style, phonetics, conceptual fit) should all fully correspond with the search profile required by the respective client.
Extensive screening of trademark registries and profound analyses of potentially interesting brands are key to discovering conceptually appropriate, previously registered trademarks. BRANDWAY approaches brand owners, clarifies whether they are prepared to sell their trademarks and supports trademark acquisition processes.
One of the major advantages of this approach is to enable the access to conceptually adequate trademarks that have successfully survived their opposition period. After following legal due diligence, the residual risks of using such trademarks commercially are relatively low. Anyone intending to launch a new brand with a tight timeframe should certainly consider this approach as a viable option. Alternatively, this approach can be combined with other ways to help you to find your next brand name.
Brands (TM in use).
Our use of the term ‘brands’ refers to intellectual property assets that are not only protected as trademarks through an adequate registration with various national and/or international patent and trademark authorities, but are also considered as being ‘living business assets’. Brands are thus associated with what they actually stand for, with the products and services they offer and the brand experiences made by audiences at multiple touchpoints.
For brand owners, brands are intangible assets generating business value by ensuring future cash flow and customer loyalty.
The acquisition of a brand is recommended if buyers intend to enter new product or price segments, want to gain access to new regional markets or new customer segments, or plan to enhance their brand portfolio by buying market shares at the same time.
Searching and sourcing brands that are actually for sale is a demanding and elaborate process. After all, successful brand acquisition largely relies on compatibility with the business strategy and ambition of the relevant brand owner.
Brandway searches, identifies and evaluates potentially attractive acquisition targets and accompanies the acquisition process with appropriate partners.
Company Name (incl. shell companies).
When starting a new business, entrepreneurs in search of a company name might decide to purchase a ‘shell company’ which provides a name and a complete company registration in the preferred legal form in the country of their choice. In case the party interested in acquiring a shell company and is intending to use the shell company’s name for its business, it should properly evaluate whether the name actually can be used for the intended business purpose without violating existing name rights owned by third parties.
A company name that comes along with the shell company package does seldom include any corresponding trademark protection appropriate to brand the intended products and services of the company so that these can be marketed in all the countries of interest. As a consequence thereof, it is as well necessary to evaluate whether the company name actually is legally available as a trademark for the intended products and services in the relevant trademark registers.
Furthermore, due to the many linguistic and cultural sensitivities in the various markets of the world, shell company names should be carefully checked to avoid linguistic and cultural disasters.
Brandway supports your search for an appropriate company name including a shell company registration. In case it should prove that the company name is inappropriate to brand the business and related products and services, we will search for alternative ways to either equip you with a registrable brand name or an already registered trademark, which can be transferred to an existing, registered company shell thereby replacing the current shell company name.
We evaluate potential company shell offers with regards to their legal trademark qualities and potential linguistic and cultural deficiencies with the support of our external IP law partners and linguistic experts.
· Registered Trademarks (TM not in use)
· Brands (TM in use)
· Company Name (incl. Shell Companies)
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