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 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 )
Our ongoing case in which we represent our client, an important pharma player, in the negotiations with a German producer of nutritional supplements, we have successfully obtained for our Client an agreement allowing both parties to coexist. At the present time we are negotiating particular elements of the agreement’s implementation. ( learn more )
We have successfully assisted our Client, a Canton of Switzerland, in protecting the name of a famous annual sport competition event that is going to be hosted next year in Switzerland, more precisely in their Canton. The official procedure was conducted in front of IGE – Swiss Intellectual Property Office and EUIPO – European Union ( learn more )