Some IP issues with M&A and how to avoid them


Tom Farrand from  Novagraaf has published an interesting article in Lexology which focuses our attention on some IP issues regarding mergers and acquisitions and in particular the case with the so called fused corporate brands where two existing brands form a new one after the relevant merger or acquisition is finished. Examples of such trademarks are United + Continental Airlines = United Airlines or Exxon + Mobil = ExxonMobil.

The problem with such kind of brands is the fact that many different intellectual property hurdles can arise in the process of M&A or after that which in turn can prevent their use or even can reflect on their reputation.

The article considers some of these problems and how they can be overcome.

The main conclusion from all mentioned is that this issues must not be underestimated and the relevant intellectual property experts have to be included in the earlier stages of the M&A process or even before it so as to prepare the necessary IP strategy that can avoid most of the subsequent problems for the companies involved.

The full text of the article can be found here.