Infringing another’s trademark

When a new business is started, or when an established company launches a new product or service, it is all too common to overlook the need for comprehensive clearance checks to be carried out on the proposed trademarks. This is even more common in the case of a new...

Why register a trademark?

A trademark registration is an intangible asset that adds value to a business. Failure to register a trade mark could have negative implications on the value of a business in the event of a business sale. It can also cause problems in the event of any merging,...

Forming the contractual relationship

When is the contractual relationship in place? For a contract to be formed an offer must be accepted without qualification. If you make an offer and the customer comes back and says ‘ok but instead of x can I have x plus y’ or any aspect of the offer is varied, that...

Why have a Shareholder Agreement? Part 5

Continuing the series of examples of important provisions in a Shareholder Agreement. 8. Restrictive Covenants Most shareholders in companies would rather that their fellow shareholders did not:- disclose confidential information to third parties set up or carry on a...

Why have a Shareholder Agreement? Part 4

Continuing the series of examples of important provisions in a Shareholder Agreement.  6. Valuation of shareholding Many disputes between shareholders arise over the issue of how to value shares, in situations where a transfer or disposal is to happen. It is therefore...

Why have a Shareholder Agreement? Part 3

Continuing the series of examples of important provisions in a Shareholder Agreement. 4. Important decisions It may be desirable that the normal company law framework and standard articles of association are overruled so that the agreement of all the shareholders (or...