IP support for every stage of growth for cosmetic clients

The barriers to entry for this industry are plentiful; the market is cluttered; many product innovations do not get regulatory approval and so the failure rate is high. Combine this with the fierce competition and the need for a standout USP and the path is challenging.

Rosalyn Newsome, Trade Mark partner and head of our Cosmetic Group, is proud of the working relationships she has with her cosmetic client base which has arisen from a recognition of budgetary considerations and the need for a flexible approach.

The Challenge

A cosmetic company was founded in 2007 from the creator’s desire to find an organic skincare solution to meet her own skin challenges. A successful formula was created and the brand was born. Barker Brettell became involved in the portfolio around 2012 when the business was established in the UK and had secured self-filed trade mark registrations in the UK and Europe. But the company was ready to embark on the next stage of growth, extend the product range as well as extending the geographic footprint of sales and trade mark protection, and indeed explore some design filings for the packaging as this evolved. The company was still in a ‘start up’ phase and every IP cost decision had to be right as it diverted funds from another area of the business.

The Solution

Barker Brettell effectively acted as an outsourced consultant providing input on foreign filing programmes and drafting appropriate foreign specifications, but supporting the client’s desire to self-file applications where possible, thus reducing the initial financial investment. As the business continued to grow, this meant that funds which may have been used for filing programmes were available for enforcement activities. A global trade mark watching service was put in place, and the company gained a reputation for active enforcement of the brand. The pincer approach of legal letters and direct business-to-business conversations protected the integrity of the brand, and kept the competition at a safe distance.

The Result

A business which was founded by a tenacious individual now has an impressive trade mark portfolio of over 200 trade mark registration in all key global territories and has secured a £15million investment from a prestigious industry heavy weight. The founder has made it clear that prospective investors were very impressed with the strength and depth of the company’s IP portfolio which undoubtedly contributed to this enormous injection of cash and influenced their decision to invest in the company.

The brand now has access to established supply chains, retail outlets and more online platforms. It will be exciting to see what the next stage of growth is.

We are always willing to work in a way which best supports your individual business needs, so please do not hesitate to contact Rosalyn Newsome  to see how we can also help your company and brand flourish.