What is real
is not external form.



CONSTANTIN BRANCUSI

How a simple phrase can prevent your trademark to be registered

06.03.2019


Our experience and years of practice thought us that, although the interest of our clients and the purpose of our services is the same, the way to deliverance can be spurred with different problems, and the methods of solving them are often diverse.

Context. Our client, an important European producer of materials in the transport field, wishes to register three new international trademarks. Therefore, we filed applications for registration at the Federal Intellectual Property Institute in Switzerland.

Issue. Following the submission of the applications, we received from the examiners of the institute a provisional refusal for each of the three marks. The reason why these notices were issued was that some services in class 40, where our client’s services would fit, were not correctly formulated and can not be accepted. In the examiner’s appreciation, the terms ‘custom manufacturing of tools for others’ and ‘custom manufacturing’ were considered not acceptable services according to the Nice classification.

Solution. To overcome these refusals, we sent an argumentedreply to the Federal Intellectual Property Institute in Switzerland, which proposes replacing the above-mentioned terms with the following complex phrase, which includes the both services described by them and provided by our client: custom manufacturing of products, including metallic materials / metal tools on demand and according to the requirements indicated by the customer or according to his specifications.

25.06.2020

The similarity between a croissant and a sandwich? The name itself

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 )

11.06.2020

Infringement outbreak in the online area

Given the current virus outbreak that has taken over most European businesses, our Client’s sales have mostly been directed online. Thus, they recently became aware of a third party that has thoroughly copied not only their website, but also their overall branding image (color schemes, layouts, text positioning, imaging, presentation and even semantics). We are ( learn more )

26.05.2020

Trademark availability search and its risk assessment

We have completed a research for one of our Clients that is activating in the non-alcoholic products trade industry. We have just checked whether there is a possibility to register as a brand the slogan of its new product, as well as the risk represented by using the slogan in the country where the research ( learn more )