What is real
is not external form.



CONSTANTIN BRANCUSI

Trademark portfolio development

20.06.2018


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. So, what to do?

We currently assist one of our Clients along with its rebranding process and trademark portfolio development.

The Client, one of the most innovative online fitness platforms in Europe, crosses a whole process of rebranding and after that plans to develop its trademark portfolio in the United Kingdom, European Union, United States, Canada, South Africa, Australia, and Japan.

Many trademark owners are wondering how they could detect in time the perils threatening their IP capital from other brands … And that is the case of our Client too.

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.

18.06.2019

Cosmovici Intellectual Property at this year’s INTA

A large part of our team has been present at the most important IP-event held this year in Boston, in May 2019. Our colleagues have met several partners and colleagues. They have also negotiated, during face-to-face meetings, key aspects of pending deals in the name of our clients. It was also another year when our ( learn more )

10.06.2019

IP due-diligence in the name of a famous US investment-fund

Among our recent large mandates, we are proud to count the IP due-diligence performed in the name of a famous US investment-fund, who just bought a network of private clinics in Eastern-Europe. The focus is not only on the brand itself, but also on additional good-will which can be captured through several assets including websites, ( learn more )

04.06.2019

Assistance of an important Swiss company in the FMCG industry in a patent related case

We represent an important Swiss company in the FMCG industry, in relation to a foreign patent extended to Europe. Our task is to help them in preparing the file able to stop the expansion of the patent to Europe. The difficulty resides in the need to find earlier public documentation, a soft-skill necessary in this ( learn more )