What is real
is not external form.”
In the coming months we will have a case related to a supposed generic name of a Swiss traditional bread producer’s brand. The problem lies in the refusal of the German office to register that trademark based on the fact that the name of the trademarks is generic.
We consider this refusal difficult to understand, given that more than 95% of the offices to which the application for registration of the trademark was filed did not raise this issue. However, we will mobilize and prepare to show that all of the information invoked by the examiner in support of the refusal, in particular the results arising from searches made on Google, are linked to our contractual partners who have full rights to use the respective trademark. Therefore, it cannot be a generic name, being used in the online environment by legitimate entities who do not dispose of it because it belongs to the public domain and is widely spread.
Lately, we’ve been working on a case which has proven to be quite difficult. After receiving a refusal for one of the trademarks we administer, because of the similarity to a previous trademark, we have still managed to pass the mark towards publication by pointing out certain aspects such as: the existence of a very ( learn more )
Between August and September 2020, we faced a fairly common issue in the world of intellectual property. We have identified a similar trademark to that of one of our clients. The next step was contacting and starting the negotiation procedure with the opposing party in order to waive the protection of one of the classes, ( learn more )
Lately, we have worked on a refusal notice to help our client, a key player in the tea and agricultural products industry, in terms of preparing a strategy to get a trademark registered. In this regard, we are currently looking for arguments and trying to prove that the term underlying the name of this business ( learn more )