Identify the right to be protected
A trade name, a logo, a product’s appearance and a technical solution may require different forms of protection. A trademark distinguishes goods or services; designs concern a product’s appearance; a patent concerns an invention that meets the statutory requirements. Copyright may protect creative works under its own rules. Before filing, it is therefore necessary to identify what is to be protected and its value to the business.
National or European Union trademark
Protection may be sought nationally or, where justified by the project, through a European Union trade mark registered with EUIPO. The systems coexist and differ in territorial scope. The choice depends on the markets of interest, the goods and services to be distinguished and possible conflicts with earlier rights. International strategies require further assessment of the countries and filing routes available.
Checks and contractual relationships
The firm can assist in examining the sign, evaluating search results and coordinating the relevant procedure. A preliminary search helps identify potential problems, but its results must be interpreted in relation to the characteristics of the signs and the activities concerned. In relationships between shareholders, producers, distributors and collaborators, it is also important to regulate ownership, use, licensing and termination, so that the value built by the business is governed by agreed rules.
Protection and disputes
Where there are oppositions, unauthorised uses or challenges from third parties, the first step is to establish the rights, territories, registrations and evidence of use involved. Depending on the case, the strategy may include discussions, agreements, or administrative and judicial action. Useful material for an assessment includes the sign to be protected, the list of goods or services, the relevant markets, any existing registrations and documentation of the dispute. Any relevant deadlines must be brought to our attention immediately.
