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.
As of July 2018, we are handling a case regarding the banking industry. Our client is a private equity US firm which has completed the acquisition of a subsidiary bank from a giant group in this field. They intend to rebrand the business and step by step to reach the objective to strengthen the Eastern ( learn more )
Shortly after the Brexit vote, its effects on the UKIPO (UK Intellectual Property Office) and EUIPO (European Union Intellectual Property Office) started to be noticed. The impact is going to be even bigger on some EU IP rights once the Brexit will actually be enforced, only if by that time no other arrangements will be ( learn more )
Wide known fact: When an owner has a pending trademark application is entitled to market goods and services bearing the brand that is still to be registered. However, he can meet the situation in which the registration could not go smoothly. For instance, if conflicts are arising with earlier marks, then the brand might not ( learn more )