Front page

Because registration is not an end in itself, but a tool to show exclusive rights on a trademark, UNEMARQUE.CH provides assistance to find the right solution for trademark rights to be properly enforced.

Learn More

Services

Legal advice on trademarks

  • Legal opinions on the protection of trademarks in Switzerland and worldwide
  • Prior rights searches and analysis on the availability of trademarks
  • Filing of Swiss and International trademark applications
  • Follow up of registrations procedures and corresponding deadlines
  • Reply to objections, provisional refusals
  • Representing clients in opposition procedures
  • Renewal procedures and advice to maintain protection with evidence of use
  • Trademark conflict negociation – coexistence agreements
  • Drafting of licence and assignment agreements
  • Watch services
  • Reassignment of domain names (UDRP)

About

Donata Campiche Pugliese

Background

European trademark attorney. After obtaining my law degree in Fribourg (Switzerland) in 2000, I specialized in trademark law in one of the major Italian IP firms, in Rome and joined the legal department of a consumer goods group in Geneva. Since 2007 I have been working as a trademark attorney in Leman Consulting in Nyon (CH).

My experience enabled me to create a network of correspondents in the main regions of the world in order to get trademarks protected not only in Switzerland but also abroad.

Languages

French, Italian, English and good knowledge of German

Publication

A Trademark…

WHY ?

Because a global vision enables a better assessment of the ins and outs of the process for a good return on investment.

When a product, a service or a concept is created, a name, a logo is also chosen to identify it : the brand.

In general, this sign is carefully chosen to communicate efficiently. It is therefore logical to seek exclusive rights on it through trademark registration.

Although the procedure may seem easy, there are few standard situations and a professional advice is useful before starting the process. The recordal in a trademark register does not always grant the protection sought.

It should be remembered that registration is not an end in itself, but a tool to show exclusive rights on a trademark. It is therefore essential to be able to enforce it.

HOW?

UNEMARQUE.CH assists its clients throughout the process, from the application to the enforcement.

For the selection of the sign from a legal point of view, based on key principles:

  • A sign may be verbal, combined or figurative and must be distinctive (neither descriptive nor generic nor misleading) to be admitted as a mark.
  • A mark is protected only for the products and / or services for which it has been filed and the list can not be extended further. The classification system which is called “Nice Classification” includes 34 classes of products and 11 classes of services.
  • There is no “worldwide” trademark registration system, but several procedures are available to find an appropriate territorial coverage:
    • International registration under the Madrid Agreement or Madrid Protocol
    • EU trademark
    • Separate and national filings

For trademark enforcement

In case of opposition, in case of conflicting trademarks

In case of conflicting  domain names

By setting up a watch service

For maintaining an appropriate protection

Trademarks must be used properly by the owner or licensees in order to preserve its distinctiveness. Trademarks need to be licensed with care.

Contact