Thursday, 20 September 2012

The Importance of the Trademark Registration in business internationalization


As a result of the current crisis being experienced in Europe and in Canada in particular, internationalization has become a necessity for any business project of a certain size. To deal with the output guarantees abroad, entrepreneurshave to make sure they can use their brands in the countries to which exported. This problem can be solved with a simple brand feasibility study, and a subsequent trademark that includes the legal requirements of each country.
 
Consequently and as a step prior to export is highly recommended to own trademarks in the territories objectives, or at least have pending marks, being a key player in trade negotiations with third parties, such as manufacturers, agents or distributors. Possessing trademarks is not only the opportunity to offer a license as part of a trade agreement, also can avoid unpleasant surprises.
                                   
                          
 Not the first time after an interesting first meeting with potential allies in an internationalization process appeared a solitude national brand by the other party (under his ownership or under a figurehead) which will make the negotiation in your favor. Imagine what that can mean having to change the name and labeling of a product such as oil. Or what may be even worse if no agreement is reached, find the oil marketing by others of dubious quality, with the same brand in a commercially interesting territory without being able to stop it.
One must also consider the possibility of causing infringements of trademarks by third parties if we introduce products or services into new territory blindly, ie, without knowing that other brands may exist in this territory. The legal consequencesof a trademark infringement can be very unpleasant.
 
We have a recent example of this type of situation the iPad brand in China: The iPad trademark in China is not owned by Apple . After detection by Apple Inc. earlier trademark in China were launched to acquire such assets. In this case, the changing circumstances and lack of foresight or overconfidence by Apple put their interests on the ropes. Among other things, it formalized the transfer or license of brands to the China Trademark Office, which would have resolved the issue. This is a good test of how important it is to plan and implement strategies well trademark.
 
As a final note to emphasize that these premises registration should also be considered when attending international trade fairs and exhibitions, spaces created for meetings with potential allies and which attract many eager competitors new ideas.
 
Recommendations:
Always do research previous records in every territory in which to sell and to deposit a trademark application. Early detection of previous records allow making strategic decisions.
Trademark Registration in all countries where activities are carried out or are part of an internationalization plan in the short to medium term, even before contact with potential local partners. Register a trademark in any country is relatively cheap especially if we look at the valuable asset that is acquired and that the investment is for 10 years.

For More Details Please Visit  Us At : www.torontobarristers.com

Wednesday, 8 September 2010

Study: Location, Firm Size Key to Billing Rates

Law Firm
The September issue of The American Lawyer Offers a preview of the Real Rate Report, a study produced by CT - TyMetrix Inc., a company that audits Law Firm bills, and The Corporate Executive Board Co., a company that provides best practices research and analysis. They studied the bills sent to 36 large corporate clients between 2007 and 2009 -- more than $4 billion worth of time sheets submitted by 90,000 people at 3,500 firms. They scrubbed the data to protect the identity of the billers and the billed. Then they got to work crunching the numbers.

A lot of interesting statistics jump out. For starters, legal bills increased at rates that exceeded inflation, in-house Lawyers who spent more at a particular law firm were not getting any discounts, and partner status added nearly $100 on average to a lawyer's rate regardless of experience.

But what most struck us about the report was its portrayal of an industry fraught with inconsistency. The vast majority of lawyers -- 85 percent -- charge clients different rates for the same work. The location of the biller and the size of the biller's firm -- not the biller's experience -- are the variables that most influence how much a client will pay. And though in-house counsel talk a good game about keeping rates in check, they approve almost three-fourths of all timekeepers' rate hikes.

Monday, 26 July 2010

Choosing the right litigation Lawyer for your business

Risks and laws are involved with every type of business, whether the business is new or an established one. To solve the legal matters through trial and discussion is the work of the business Litigation lawyer. Any dispute related to your personal, public or civil matters can be resolved with the help of a litigation lawyer.

Litigation is a term used to describe all legal steps involved in settling a controversy between two or more parties. There are instances when you are not able to protect your rights as a business owner and have to sue for damages. In such situations, it has become very important to choose the right person for your legal affairs.

While selecting the right litigation attorney for your business deals, it is important to consider checking the past records of the person you want to handle your legal matters. The complexity in business deals occurring today makes it really significant to have an expert business attorney.

Business Law
Such lawyers are proficient in analyzing the business and its functions, are capable of handling contract negotiations and preparation, are aware of rules and regulations of the federal and state securities, buy and sell agreements between the parties, can manage business disputes and civil law and have a good understanding of Internet laws, copyrights and trademarks of the business organizations.

Hiring a Business lawyer can be a complex and confusing process as selecting the right candidate for your legal issues involves a lot of discussions and matters related to your business concerns. You should talk with many people and friends before making a choice.

A business litigation lawyer must be aware of your Business Legal Issues and should be honest in their work. It is good to get a recommendation from a close friend, relative or a colleague. But remember, every legal situation varies. Hence, the recommended lawyer might not be suitable for your type of business problems.

Source : ArticleBase

Tuesday, 20 April 2010

What Does A Personal Injury Attorney Do?

Personal injury attorneys specialize in helping clients who have suffered a physical, emotional, or mental harm and believe that another party is responsible for that injury.

Although most commonly associated with car accident cases, personal injury attorneys also handle slip and fall cases, defective products, assault injuries, and work and home accidents. Some Personal Injury Lawyers also handle workers compensation cases, asbestos litigation, and even hospital and medical malpractice suits because the burden of proof in those suits is similar.

Under the law, the plaintiff in a personal injury suit may recover monetary compensation when they are hurt if they can prove that the defendant is liable for it. The standards for liability differ from state to state, but generally a person suing is required to prove that the defendant's action or inaction was the primary cause of the plaintiff's harm. To prevail in a lawsuit, the plaintiff must prove that the defendant's negligent or malignant actions are the proximate cause of the plaintiff's injury and that the defendant had a legal duty to act more responsibly.

For instance, in a car accident suit, the plaintiff is required to prove that the defendant's behavior caused the accident and that the plaintiff was injured as a result of the car crash.