What is real
is not external form.”
Situations can vary. We have already expressed our opinion in other materials on how we proceed when the trademark our customer wishes to register is already in use on the market. But what happens when the customer is the one that owns the trademark that a competitor wishes to register for the marketed products?
The procedure followed is similar to the one in which the customer wishes to register an already existing mark. Specifically, our client, a well-known pharmaceutical company, uses a brand under which it sells food supplements. An application for an identical trademark has been filed by another pharma company with the purpose to bring medical products, such as cement for arthroplasty, to the market.
In order to reach consensus with the adversary, we have started negotiations aiming to conclude with a coexistence agreement. In the event that we won’t reach an agreement that suits both parties and does not damage in any way our client’s brand, then we will go to EUIPO (the European Union Intellectual Property Office), the institution that manages trademark cases across the EU, and we will file an opposition to defend our client’s rights.
We have assisted our Client, a manufacturer of wooden toys, in the process of preparing the most suitable trademark filing strategy. We applied at EUIPO for a trademark application in classes 28 and 35 and took all necessary steps for protecting his brand and develop its business in the European Union. The whole procedure was ( learn more )
Since our Client, a start-up in the derma-cosmetics industry, is currently facing multiple attempts of infringement, we are assisting them in the process of filing for protection of their different IP assets and in eliminating these infringement instances worldwide. The whole procedure consisted of filling a copyright application at INPI in order to obtain protection ( learn more )
We assisted our Client (a Swiss company dedicated to the cross-sector promotion of the economy in canton Valais) and prepared a personalised strategy to register a new mark for its innovative and unique product – a robot that learned how to make traditional Swiss raclette using the artificial intelligence. ( learn more )