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Trademarks in Mergers and Acquisitions

October 2008
Intellectual PropertyBanking & Finance

Abstract

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.

Author

Su-Lin Ang
Head of Legal, Intellectual Property, Group Legal Department, Standard Chartered Bank, Singapore

Su-Lin started her legal career as a tax lawyer with the Inland Revenue Authority of Singapore, moving to litigation in private practice before specializing in Intellectual Property. She joined Standard Chartered in June 2004 and currently heads the Intellectual Property team which handles the trade mark clearance and registration, patent portfolio, sponsorship, marketing and advertising contacts, domain name registration and protection and Internet Fraud issues for the Group. Su-Lin is an Advocate and Solicitor of the Supreme Court of Singapore and a Singapore Registered Patent Agent. She is also a Solicitor of the Supreme Court of England and Wales.

Company

Standard Chartered Bank

Standard Chartered PLC, listed on both London and Hong Kong stock exchanges, ranks among the top 25 companies in the FTSE-100 by market capitalisation. The London-headquartered Group has operated for over 150 years in some of the world’s most dynamic markets, leading the way in Asia, Africa and the Middle East. Its income and profits have more than doubled over the last five years primarily as a result of organic growth and supplemented by acquisitions. Standard Chartered aspires to be the best international bank for its customers across its markets. The Bank derives more than 90 per cent of its operating income and profits from Asia, Africa and the Middle East, generated from its Wholesale and Consumer Banking businesses. The Group has around 1,750 branches and outlets located in over 70 countries. The extraordinary growth of its markets and businesses creates exciting and challenging international career opportunities. Leading by example to be the right partner for its stakeholders, the Group is committed to building a sustainable business over the long term and is trusted worldwide for upholding high standards of corporate governance, social responsibility, environmental protection and employee diversity. It employs 75,000 people, nearly half of whom are women. The Group’s employees are of 115 nationalities, of which 60 are represented among senior management. For more information, please visit: www.standardchartered.com

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