Search, filing and defence of trademarks
Anyone may file a trademark online.
However, seeking the aid of BRANDON IP will help you to ask the right questions:
- What type of sign can I file?
- Is it better to file it in my own name or in the name of a company?
- What to do in case of co-holders?
- How to choose the right filing classes according to my activity?
- Is the sign that I am interested in available?
- What international strategy should I follow?
BRANDON IP advices and helps you in planning all aspects of the life cycle of your trademarks, from their filing to their registration with different Offices, the management of their renewal, their international extension through our network of partners, their defence before the Offices and before the courts in collaboration with our specialised lawyers, and the enhancement of their value.
A trademark may come in multiple forms: a name, a logo, the combination of a name and logo, a sound, a slogan, a drawing, a smell, etc.
A trademark represents the image of a company in the eyes of the public and helps to promote products and services by distinguishing them from those of competitors.
However, it must meet several legal requirements such as not being contrary to public policy, or not being misleading to the consumer. To be registered, it must also possess a distinctive character, i.e. the chosen sign must not describe the product or service corresponding to your activity, nor its main characteristics.
Furthermore, the trademark must be available, i.e. it should not violate the prior rights of a third party. It is your duty to carry out these verifications in several countries, especially European countries, since the Offices are not bound to do so. Similarity searches are highly recommended since it helps to prevent any future dispute by owners of prior rights who might forbid the exploitation of the trademark.
When an applicant files a trademark, he/she must also choose the list of products and services that he/she desires to be protected, grouped into classes according to the Nice classification.
We can offer you our services in the following domains:
1/ The acquisition and defence of your rights
- Implementation of a protection strategy
- Verification of the availability of the sign that you wish to file as a trademark
- Formalities of trademark submission with various Offices
- Follow-up of the examination procedures before the Offices
- Surveillance of the due dates of your industrial property titles
- Renewal of your trademarks
- Registration of all modifications in the Office registers (transfer, licence, change of address, change of name, etc.)
- International extensions of your rights
2/ The defence of your rights
- Surveillance of publications of competing trademarks
- Filing and monitoring of administrative opposition and invalidity proceedings before the Offices
- Management of pre-litigation procedures (sending of cease and desist letters)
- Organisation of infringement seizure
- Lawsuit for infringement, unfair competition and others, in partnership with specialised lawyers
- Trademark use investigation
3/ The enhancement of the value of your rights
- Negotiation and drafting of contracts (transfer, licence, coexistence agreement and others)
- Audit of your trademark portfolio
- Financial valuation study (estimation of the value of your trademark or your trademark portfolio)