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.
Some trademarks are protected by their own fame Do you know that kind of trademark which is practically protected by its fame? Generally speaking, for a trademark to benefit from protection it has to be registered (for example, in Switzerland marks are registered with the Swiss Federal Institute of Intellectual Property). Like any rule, this ( learn more )