Venner Shipley

Now that the new section 24(1A) of the Trade Marks Act 1994 is in force, what practical steps should be taken when transferring a business to ensure that trade marks that are required to be retained are not inadvertently assigned to the purchaser? Is there any guidance as to the circumstances in which the presumption in favour of transfer will not apply?

Where a trade mark coexistence agreement is silent on successors-in-title, will the agreement be binding on the successor-in-title in an asset purchase transaction?