Taxing matters — have you assigned the goodwill?

In a recent case involving the efficacy of a tax scheme, the First-tier Tribunal found a series of unregistered trademark (UTM) assignments were ineffective.

The case serves as a reminder that when assigning UTMs, the underlying goodwill should also be assigned. Where the goodwill is not assigned (both on paper and in practice), the assignment will be ineffective and the assignment may be void for mistake. The court will look beyond the wording of the assignment document. In this case, the assignment did purport to assign the goodwill as well as the UTMs. However, what was happening in practice undermined the assignment documentation…

If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.

Briefings from Taylor Wessing

View more briefings from Taylor Wessing

Analysis from The Lawyer

  • singapore orchid

    Singapore: Cash course

    The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world

  • Money 317

    Crunch boom

    Financial disputes are starting to dominate the English courts as the long-awaited fallout from the downturn finally comes to town

View more analysis from The Lawyer

Overview

5 New Street Square
London
EC4A 3TW
UK
http://www.taylorwessing.com

Turnover (£m): 228.00
No. of Lawyers: 860
No. of Lawyers (Asia Pacific): 79
Offices (Asia Pacific): 3

Jobs