What is real
is not external form.”
Recently, we have been working on a rebranding project as IP specialists.
The rebranding process generates a lot of major changes within a company. Starting with vision and mission, company culture, visual identity and last but not least, intellectual property. Because the new name and identity have to accomplish a lot of conditions from availability to avoiding the infringement risks.
Recently we have been working on a similar case for one of our Clients, one of the biggest banks in South Europe. They have decided to rebrand in a completely different style as against their former brand. In this case, our aid concerned in assisting them during the whole process to get sure their new brand is safe in terms of IP protection on territories they already have their business.
Checking the availability of a trademark is not a compulsory requirement, but not doing so is risky. If your trademark or company name is not available, it may be challenged at any time by prior rights owners who may, for example, attack you for infringement or unfair competition and prohibit you from exploiting your trademark.
In general, a trademark is available when it does not reproduce or imitate a sign that has a prior right in the same field of activity. If your trademark is not available, it may be challenged at any time by the owners of these rights. This may be a trademark already registered, a well known but not registered trademark (“well-known trademark”), a corporate name, a domain name.
It may also concern a copyright, a right of personality, a right to the name or image, the reputation of a local authority, or even the geographical name constituting a protected geographical indication (PGI) or a designation original.
An early part of the brand development process includes researching your competitors and comparing your brand against theirs. It’s possible that your business and its accompanying intellectual property share striking similarities to other brands in your industry, and these are important to consider when it comes to standing out within your field. When you’ve completed ( learn more )
Lately, we have been working on a new case so that both the commercial name of a croissant and a sandwich can coexist without legal implications. In this sense, we witnessed the negotiation and conclusion of a coexistence agreement for the two brands. Our client, from the Bakery and confectionery industry, received a coexistence agreement ( learn more )
Our colleague, Ana Rotariu, is sharing her experience regarding the effects of the COVID-19 pandemic over businesses and their IP. Interested to know how has this outbreak affected companies worldwide? It is safe to say we are all experiencing challenging times, especially when it comes to businesses, either big or small. Even as countries and ( learn more )