TRADEMARKS
Trademarks and service marks are some of the most valuable assets of a company. Company trademarks embody its reputation for quality products and services. A careful and elaborate strategy of trademark selection and protection can safeguard and strengthen the company’s competitive position in the market and also become the source of revenue through licensing or franchising programs.
As far as the trademark law is concerned our services include but are not limited to:
- counseling clients on all trademark matters;
- preparation and prosecution of applications for the registration of trademarks and service marks;
- licensing, franchising and distribution agreements;
- supervising national and international trademarks including the information about possibilities for raising oppositions or initiating infringement cases, and representing clients in trademark disputes.
A trademark or a service mark should not be put into use by a client before it is determined that the use of the mark or name will not infringe the existing rights of other companies. This requires an extensive search in the computerized databases. However, search results are of no value without a reasoned, practical analysis which we provide in a written report along with a clear assessment of the availability and the potential risk of liability for infringement. In addition, we assess the possibility of trademarks being denied registration because they are deemed non-distinctive, geographically descriptive or deceptively misdescriptive, or for other reasons.
When needed, we carry out additional investigations in order to determine whether and to what extent particular trademarks revealed during the clearance search are used. There have been many cases in our practice when we were able to negotiate the purchase of potentially conflicting marks for a fair price. In other instances, we have been able to eliminate the risk and obtain registrations by means of letters of consent from the owners of potentially conflicting marks.
We also provide services for obtaining international trademark protection for clients.
Our substantial experience in this field allows us providing cost and time-efficient solutions on preparation and prosecution of applications for international registration of a trademark under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to the Madrid Agreement.
