NO ENDANGERED SPECIES NEEDED FOR THESE HORNS TO WORK THEIR MAGIC
When long established deluxe gift boxed chocolate dipped strawberries company Wicked Berries wanted to commence building franchises, they needed to more formally define their brand to allow licences to be issued.
Opened in 2011, Wicked Berries is built around the Horned Strawberry, originally produced as an add-on to an already successful wedding-cake making business. The demand that followed was so great that Wicked Berries had little choice but to become a company in its own right.
They approached Franke Hyland when their original applications to trade mark Wicked Berries was rejected because other registered food items had already incorporated “Wicked” and “Strawberries” in other applications.
Franke Hyland were able to demonstrate a prior continuous use of the term and that the trade mark would not pose any significant risk of misleading the market place. Many factors needed to be taken into account such as previous photos, marketing material and accounting records – all of which were able to shift the weight of evidence into getting their trade mark registered.
“Franke Hyland have been proactive from the word go. Over the past couple of years we have benefitted from their quick turnaround, value for money and – most importantly – persistence with getting trade marks approved. We tried arranging our intellectual property matters ourselves through IP Australia but hit a couple of hurdles. We looked around for help and were referred to Franke Hyland by a law firm working for us on another matter. Adam Hyland is highly professional and covers all angles when seeking approvals for IP protection.” – Kerry Sullivan, Wicked Berries