As a rule, signs of a merely descriptive nature, which are not readily linkable to an individual company, are excluded from trademark protection. Such signs must remain in the free and unencumbered use of competitors for the purpose of designation of their products and services.
Other criteria may bar the sign from protection, such as pointers to indications of origin, the risk of misleading consumers, the respect of propriety (decency) and so-called Public Order.
We carefully consider your ideas and guide your choice appropriately.
Anteriority search, availability
Before the filing of an application, it is highly recommended to conduct an anteriority search to find out whether the sign is free and available as a Mark. The search targets not only identical marks, but also similar ones likely to prompt negative reactions, by their owner or the Office. Our search covers the Swiss (IFPI), International (ROMARIN) and European (OHMI) registries, as well as the foreign national registries, through our network of agents.
Our reports will provide you with a detailed analysis including a list of potentially conflicting marks and our comments.
Acquisition of Title
Defining the Protection Strategy
What ? Where ? When ? Together with you, we shall go through these questions which have to be addressed before the filing of any trademark application. Defining the strategy is key in order to avoid both expensive over-protection and gaps in your portofolio.
Definition of the products and services
Trademark protection always relates to a cluster of specific products and services. They are categorised in 45 classes (34 classes of products, 11 service classes). Some States have classifications of their own. In cooperation with our clients, we translate their real protection needs into clusters of products and services compatible with the targeted territory. As subsequent extensions of the scope of protection are not possible, we endeavour to define it as widely as possible to consider your potential future diversifications.
Conduct of the filing procedure until the grant of title
Once the strategy is defined, we take care of the entire procedure, from the filing to the delivery of the trademark certificate. We shall, if need be, address objections raised by an Office in the course of examination, based on a careful assessment of the situation, in Switzerland and worldwide, thanks to our proven network of agents. We shall send you the certificate once obtained, and take care of the administration of the Trademark portfolio.
Preservation of Title
Maintenance and follow-up of the Portfolio, Terms of Expiry, Affidavits, Extensions, Renewals
As a rule, the term of protection of a Mark is 10 years, renewable. If a Mark is thus « eternal », at least potentially, its perennity may be subject to conditions, such aslike the use of the Mark, or the absence of challenges by third parties. In order to preserve your prerogatives, it may therefore be necessary to act (e.g. the filing of an Affidavit of use in certain countries), or react (e.g. in case of any objection raised by a third party). This is our job : You take care of your business, we take care of your Trademark. Monitoring of the Mark, Intervention or Opposition against identical or similar new Marks
Defending your stronghold also meanss to preventing third parties from invading your territory. In order to conserve maximum protection it may be necessary to thwart attempts by usurperators to weaken your Mark through the deposit of a similar or even identical Mark, for an identical or similar products.
We use a variety of tools and resources enabling the survey and monitoring of Marks registered worldwide, to identify those with the potential to jeopardise your rights. You will be provided with a listing of our comments, and advice for the course of action to be taken. Registering modifications: Change of owner’s name and address, Transfer, License
Valuation and Conservatory Measures
Drafting and review of contracts: Distribution, Agency, Licence, Sale and Assignment
Valuation means use of your marks, be it by yourself or through a contractual partnership. We recommend our services for the drafting of Agreements and their implementation.
Actions against Counterfeit, Piracy and Usurpation
Internet is of increasing importance for the sale of fake products. We shall advise you about dubious activities we become aware of. We intervene against parasites and shall also take legal conservatory measures if appropriate. During BASELWORLD, we are present at the Fair and at your disposal for direct intervention at a competitor’s booth, or the filing of action before the BASELWORLD PANEL.
Customs control is a proven means to thwart the influx of counterfeit products. We take care of your Mark being lodged with Customs, together with a complete listing and sample representations of its use with the products, to implement effective checks. In the event of any occurrence, we are immediately informed and provide for seizure of the incriminated products and prosecution of the offenders, in close intelligence with the client.
Trademarks for Sale
Are you interested in selling or buying a Mark that already exists and is registered ? Contact us to publish your offer, or ask for our « Trademarks for Sale » list.