Trademarks in Mergers and Acquisitions
Su-Lin Ang, Head of Legal, Intellectual Property, Group Legal Department, Standard Chartered Bank, Singapore
In many cases, when a company or business is acquired or where there is a merger of companies, the trade mark portfolio of the target company is ignored as unimportant. This is particularly so in service industries, such as banking and finance, where it seems that the only visible trade mark is the name of the company or business. Consequently, the importance and versatility of an acquired trade mark portfolio as a useful tool in reducing risk, mitigating tax expense, building brand value and deterring competitors is often overlooked. In this regard, in-house counsel is in a unique position to develop an overall plan to leverage the acquired portfolio so as to obtain the optimum legal, financial, tax and branding advantages for their companies. This paper seeks to present some issues and possible solutions that can be considered in this regard.
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