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.
Lately, we have been working on a new case so that both the commercial name of a croissant and a sandwich can coexist without legal implications. In this sense, we witnessed the negotiation and conclusion of a coexistence agreement for the two brands. Our client, from the Bakery and confectionery industry, received a coexistence agreement ( learn more )
Given the current virus outbreak that has taken over most European businesses, our Client’s sales have mostly been directed online. Thus, they recently became aware of a third party that has thoroughly copied not only their website, but also their overall branding image (color schemes, layouts, text positioning, imaging, presentation and even semantics). We are ( learn more )
We have completed a research for one of our Clients that is activating in the non-alcoholic products trade industry. We have just checked whether there is a possibility to register as a brand the slogan of its new product, as well as the risk represented by using the slogan in the country where the research ( learn more )