Trademarks
Protecting trademarks is a major concern for businesses and freelancers.
Indeed, with the globalization and the increasing digitalization of commercial exchanges, protecting one’s brand not only preserves its reputation but also sets it apart from competitors.
Trademark law is a domain within intellectual property law. As a lawyer practicing in intellectual property law in Paris, the firm provides an overview of this essential topic for any business or freelancer looking to develop and sustain their activity.
Definition and utility of trademarks
A trademark is a distinctive sign used to identify and distinguish the goods or services of a company from those of its competitors.
Traditionally, it can consist of a word, a logo, a combination of letters and/or numbers, or specific shapes.
Registering a trademark provides its owner with legal protection and exclusive rights to use it, allowing them to enhance their brand image and build lasting recognition with the public.
Trademarks can be registered nationally (e.g., with the INPI in France), at the European level (with the EUIPO), or internationally (with WIPO via the Madrid System).
The importance of trademark protection
Exclusive exploitation rights: Once a trademark is registered, its owner enjoys legal monopoly over its use for the designated goods and/or services. This gives them a competitive edge and helps prevent imitation or counterfeiting.
Economic valuation: A registered trademark represents an asset for a company, capable of generating significant revenue over time. It also enables the negotiation of licensing or assignment agreements with commercial partners.
Brand image promotion: Having a protected trademark significantly strengthens a company’s image of reliability and professionalism in the eyes of customers and potential partners. However, effective communication strategies are essential to capitalize on this advantage
The role of trademark lawyers
Pre-registration consultation for trademarks
Choosing and creating a trademark are crucial steps for a company. In addition to its commercial and marketing aspects, the trademark must comply with legal requirements. The firm provides advice on the following aspects:
- Thorough analysis of the availability of the proposed trademark (prior clearance searches, risks of confusion with pre-existing trademarks, etc.).
- Assessment of the trademark’s compliance with legal registration criteria (distinctiveness, non-deception of the public, compliance with public order and morality, etc.).
- Drafting the list of goods and/or services covered by the trademark, i.e., its description.
Trademark Registration Process
The firm also assists with all administrative procedures related to the filing and registration of your trademark with the competent authorities, such as the INPI, EUIPO, or WIPO. This includes:
- Drafting the description and the official filing of the trademark registration application.
- Monitoring the administrative procedure and managing any notifications from the Offices or oppositions filed by third parties.
- Providing legal advice on the management and evolution of the registered trademark (duration of protection, renewal, modifications, etc.).
Lastly, the firm provides support to defend the trademark against any infringement of its exclusive exploitation rights:
- Requesting compensation and cessation of acts of infringement or unfair competition.
- Negotiating and drafting licensing or assignment contracts concerning the registered trademark.
- Providing advice and representation in opposition or cancellation actions against competing trademarks presenting risks of confusion.