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CONSTANTIN BRANCUSI

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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.

21.02.2019

China strengthens its IP field by reaching new records

Statistics show that the year 2017 saw a record global growth in demand for services in the field of intellectual property. This growth is strongly supported by the Chinese market, which recorded the largest increases in patent, trademark, industrial design and other intellectual property rights underlying the global economy. China’s status, as one of the ( learn more )

21.01.2019

China express concerns over the USA approach in the IP field

These days, the war between the great powers does not go to the battlefield anymore, but is rather taken through the mask of diplomacy. Hidden behind the words, countries found at the helm of the world are using less and less subtle means to attack each other, making use of unexploited areas until recently.   ( learn more )

12.12.2018

We support a private equity firm from US in its rebranding process

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 )