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.
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 )
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 )
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 )