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 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 )
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 )
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 )