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A trademark provides its owner protection for a distinctive sign (name, slogan, logo, sound, colour …) used to distinguish products/services of its owner compared to other enterprises.
Trademark protection generally provides a good return on investment in view of the relatively low cost of protecting rights compared to other IP rights, provided availability searches have been properly conducted in the countries of interest.
The search of the prior signs is a means of identifying, before taking any step to register a trademark, a certain number of prior filed/registered signs which could jeopardize the registration/use of your sign or company name as a trademark.
It is always recommended to conduct a trademark on one’s own before envisionning trademark use or registration and even before creating a company name. It is important to note that in Switzerland before a company registers with the Commercial Register, no prior trademark search is conducted by the notary nor the Commercial Register.
Several very useful trademark databases are available to the public to conduct those searches. For example, trademark searches can be conducted in TMview from EUIPO is a convenient tool for searching for trademarks in many participating offices, including EUIPO, the WIPO, the USPTO and the IPI. We conduct trademark searches before use or registration.
A sign is registered for the products and services that are designated. This is why it is very important to take special care in drafting the list of products and services in anticipation of geographical extension, possible co-existing marks and envisioned uses.
Our services include searching and analysing trademark registrations, formulating filing strategies world-wide, drafting product and goods list and filing trademark applications, and representing clients in examination and opposition proceedings before the Swiss Trademark Office and the WIPO.
We assist clients in asserting their rights against infringers, or in defending against assertions by third parties.
Our services include monitoring the trademark register for new applications and registrations, analysing infringing trademark use, performing trademark use investigations, providing opinions on infringement and validity, formulating enforcement or defence strategies and assisting lawyers in trademark litigation.
We assist clients in licensing trademarks in or out.
Our services include reviewing, drafting, and negotiating trademark license and coexistence agreements.