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CONSTANTIN BRANCUSI

Why investing in a monitoring service for your brand?

10.04.2018


The extension of the number of new trademark registrations greatly reduces the chances for trademark owners to register trademarks that are both new and unique. What to do?

The number of registered trademarks has increased significantly in recent years due to exposure to the online environment where brands can very easily reach the end consumer. Although China is currently the region with the largest number of brands, this trend is spreading quietly and surely to the rest of the world.

According to the World Intellectual Property Office (WIPO), new brand registrations have increased worldwide by 6% to 8% in the last 2 years.

This overall extension of the number of new trademark registrations greatly reduces the chances for trademark owners to register trademarks that are both new and unique, that is, to raise security risks or confusion with other brands.

In this context, trademark owners already registered must, for their part, be very attentive to trademarks that are in the process of being registered, in order to be able to identify in time whether some of them will not seize a trademark part of the market they hold.

Many trademark owners are wondering how they could detect in time the perils threatening their IP capital from other brands …

Usually, before a company launches a new brand, a new product or a new campaign, several naming possibilities are provided that, in general, contain the essence of the brand and are designed so that, if one of them cannot be registered, one can turn on one of the other alternatives.

Once the short list of names is ready, a preliminary search can be launched to eliminate proposed names that are not available or cannot be registered if they are too similar to other brands already registered. This avoids the cost of changing a brand if there is only one option provided by the company and the company has spent a lot of money on it.

To better understand the problem, here is a concrete example:

iSwatch against iWatch

When the American giant Apple filed an application for registration of the brand iWatch in the United States, he met a fierce opposition from the Swiss watch producer Swatch. The latter objected to the registration of the iWatch mark because it was too close to its ISWATCH mark and, since both marks were aimed at the same market, consumers could very easily have confused the two marks.

The UK Intellectual Property Office admitted Swatch’s opposition and forced Apple to change the name of its product to Apple Watch.

A simple basic search before choosing the name of iWatch would have allowed Apple to locate the brand iSwatch and the famous American company would have saved a lot of time and would have saved the costs of the name change.

15.01.2020

Why is the field of intellectual property in close connection with technology?

In today’s modern society the importance of technology is becoming crucial. People are carrying out more and more of their daily activities on electronic devices. We all know that as these technologies evolve, the devices are increasingly present in many areas of our lives. Example of these changes can be observed in products such as ( learn more )

14.01.2020

Another success registered for sports lovers

We have assisted our client in overcoming a refusal issued by EUIPO against our client’s trademark representing the name of a famous sport competition which will be hosted next year in Switzerland. The examiner claimed as a main ground of refusal the lack of trademark distinctiveness. However, we have succeeding in obtaining the registration of ( learn more )

10.01.2020

Pirated online content against the new Swiss copyright law

As of recently, Switzerland is trying to sort all of their copyrighting problems out by bringing intellectual property protection into the digital era. This initiative aims to promote the elimination of the country from a list of copyright protection watchlist in the United States. This new adopted law is focused on hosting providers with the ( learn more )