Transactional Due Diligence.
Those aresome of the craziest words that I love because it means that you're eitherabout to get an investment, you're about to invest in a new and exciting company(or an existing company of course) that you're either with a sell your businessor buy a business.
And those are always exciting times.
So, how can I assist? Well, as part of Due Diligence, I frequently prepare opinions or share opinionsverbally with a client.
So, for example, you might be interested in learning whatTrademarks could be a threat to the brand naming and slogan using of acompany that you're acquiring or investing in.
Something else I do isportfolio assessment.
So, I can look at both, you know, branding associated withproducts that are being sold and look at their packaging and marketing forexample for names, brands, and slogans that are eligible for TrademarkRegistration.
And then, I can also look at what has been registered and does theuse of those marks support the registrations themselves? Additionally, isproper notice being used around the marks on the packaging and in theliterature that the company is using to sell their products and services? Theseare factors that weigh in to the strength of a Trademark Portfolio andthat goes straight to the value of the portfolio.
And so, typically what I'll dowhen working on valuation is work with the assistance of somebody from theaccounting world — just by way of background, I have a Finance Degree andMBA and I've done assistive evaluations for organizations like theSecurities and Exchange Commission.
And so, I'm familiar with theprocess and how valuing intellectual property is important in the DueDiligence of a Transaction.
I can also be the 2nd set of eyes,so I can provide a big strategic overview of the transaction again from anintellectual property perspective and just make sure that you don't get struck bythe "unknowns" that can be problematic in any transaction.
And last but not least,although I did not write it up here, in fact it might even be the most important –I can draft documents related to intellectual property as part of theDue Diligence Process.
So, frequently in Due Diligence, we'll discover that aTrademark is registered but it's not properly assigned; and so, we can preparethe proper assignments, and we can prepare the proper recording of theassignments in the Trademark Office as well as other kinds of intellectualproperty, but that's beyond the scope of this video.
So, if you're going through Due Diligence or think you are soon, Congratulations!Be in touch and I look forward to strategizing with you.