Trademarks and Trade Names
Trademarks are signs capable of distinguishing the products or services of a company from those of other companies within the market. There are different types of trademark, depending on their characteristics: word, device, three-dimensional, sounds, etc.
In addition to acting as a differentiating element within the market, trademarks are an indicator of the quality of a specific product or service, as well as an excellent instrument for advertising. They may also be subject to licence or sale, which may provide a significant source of income for trademark holders.
In most jurisdictions, the right to a trademark is acquired through its registration with the competent authority. In doing so, the registration holder can block third parties from using the registered trademark, or one which is similar to it and thus create confusion within the course of trade, or which seeks to take undue advantage from its reputation. However, registration is not enough to safeguard the commercial interests of the trademark holder, since it is the holder himself who must take a proactive position in the defence of the trademark throughout its legal term.
For this reason, there can be no doubt that registration and the legal defence of trademarks should be fundamental pillars in the strategy for protecting any company’s intangible assets.
Our Trademark and Legal Department has an experienced team of Registered IP Attorneys, lawyers and paralegals who provide a comprehensive response to any needs associated with the protection, registration and defence of trademarks and trade names. We offer the following services, among others:
– Advice prior to registration and filing of applications with the relevant office.
– Control and monitoring of the different steps involved in the trademark registration process and renewal of granted trademarks.
– Filing of opposition, appeals and cancellation requests against trademark applications which may impact upon the interests of our clients, as well as the defence of our clients’ trademark applications in the event of opposition, appeals and cancellation requests filed by third parties.
– Responding to possible objections to a registration raised by the relevant trademark office.
– Reports and opinions on registered trademarks in order to prevent clients from filing unnecessary applications or to assess the validity of a competitor’s trademark.
– Trademark infringement studies, in order to determine whether a third party is infringing our client’s rights or vice versa.
– Global trademark watch.
– Preparation of license agreements and transfer of trademark rights.
– Legal defense of trademarks in cases of infringement of rights, piracy, unfair competition, etc.