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CONSTANTIN BRANCUSI

Why to put your brand on watch

19.02.2018


How many times did you ask how to discover potential infringements at an early stage?

 

Worldwide, the number of trademark applications is rising every year. As a result of Globalization and easiness of communication through social media, some regions (e.g. China) are registering more trademarks than others.

According to the World Intellectual Property Organization, the trademark filings raised between 6% and 8% in the past two years.

In this context brand, owners face many difficulties concerning the registration of new trademarks that are unique, meaningful and do not pose any risk of confusion with other trademarks.

 

Very often, brand owners ask how they could discover potential infringements at an early stage. By the time they have already entered the market the rebranding process costs, rise exponentially.

Usually, to avoid all this, any company, before launching a brand should think about multiple names which encapsulate the essence of the brand and represents good alternatives. Once you have agreed with a list of names you can start a preliminary research to detect possible similar trademarks that are already registered. The aim of this research is to certify if there are potential trademarks confusingly similar to the new trademark.

Such a research could be accomplished by an IP attorney or a well-trained paralegal who uses public data basis or Internet.

 

To better understand the importance of this kind of research, we will give you a very famous example:

iSwatch vs iWatch

When the American giant, Apple, filed his trademark application for iWatch, in the United States of America it received a very strong opposition from Swiss watchmaker, Swatch. It opposed iWatch because it was confusingly similar to its trademark iSwatch and it presented a high risk of confusion for consumers.

The UK IP Office admitted the Swatch opposition and forced Apple to rebrand its intelligent watch as Apple Watch.

An availability search for the American trademark would have solved this problem instantly and saved a lot of the rebranding costs.

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 )