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.