What do you do when your Client’s trademark contains a generic prefix or suffix in an industry where the consumers are usually assisted or benefit from an expert opinion in acquiring a product?
This is the question usually addressed by applicants when they intend to file a sign as a trademark, especially in the pharmaceutical domain.
Here, as in most cases, there is no predefined answer. An in-depth research is always the wisest and most cost-effective decision, as opposed to jumping head-first into unknown territory, where unnecessary actions may be burdensome for all involved parties.
When a possible conflict is identified on a company’s radar, further actions may be initiated to avoid any potential trademark incident or settle an ongoing one.
We are currently representing the rights and interest of one of our Clients, who wants to register their trademark in several countries, by mitigating from the very beginning any risk that may occur in the registration process.
Thus, we have initiated several negotiations with different parties, which might lead to concluding a trademark coexistence agreement or settlement. The reason behind an amicable settlement is to assert our Client’s good faith in using its future registered trademark and allow each party to assume bilateral undertakings in using their trademarks in a distinctive and original manner, which transposes and reflects the company’s own identity.