Approach to costs
Solicitors at Humphreys & Co. always aim to approach
legal work in a financially-disciplined way. We offer
competitive rates. Our charging approach is both transparent
and geared to the options open to our clients. Our
solicitors generally charge by reference to time spent but
we can often agree fixed fees for specific work or in some
cases risk-adjusted funding structures.
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Appointed Person finds trade mark application to register deceased famous person in bad faith
The Appointed Person, overturning an Intellectual Property Office
hearing officer's decision, has held that an application to register
the name of a recently deceased famous person by one of his former
business associates had been made in bad faith, under section 3(6) of
the Trade Marks Act 1994. Ian Adam, a famous voice training teacher,
had died in 2007. A few months later, one of his former business
associates, Catherine Hughes, applied to register the name IAN ADAM as
a trade mark for various services in class 41, including the provision
of voice training and voice lessons. The Appointed Person concluded
that Ms Hughes was, for her own benefit, seeking to exclude the
surviving goodwill and reputation attaching to the name IAN ADAM from
the estate she was purporting to administer when she filed the
application. Consequently, the application had been made for an
improper purpose and was objectionable on the ground of bad faith under
section 3(6). In reaching his decision, the Appointed Person said that
there was no "wooden" rule that any application to register the name of
a deceased celebrity must always or necessarily be objectionable on the
ground of bad faith; it depended on the facts of each case. (In the
matter of application no 2463230 in the name of Catherine Hughes and
opposition no 96672 by Annette Campbell and Bente Zaber, BL O-094-11, 7
March 2011.)
Practical Law Update 18.3.11
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Accessibility
We take instructions from UK & international clients. Our independent lawyers are available by email, telephone & fax. With central Bristol offices we are just 90 minutes from London by road or rail and 15 minutes from Bristol International Airport. We can travel to meetings if required.
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Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.
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Turnaround time
Solicitors at Humphreys & Co. look to input not only
careful legal work and precision but also the determination
to keep matters moving. They aim to work in clients' real
interests with energy and pragmatism.
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Communication skills
Solicitors at Humphreys & Co. always try to open up the
legal process by giving advice and explaining options to
clients in a concise and straightforward way, identifying
clear courses of action whatever the technical or legal
complexities of the subject. |
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