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Brand names & trademarks

The trademark is a rallying sign, with which consumers can identify a company's products and services compared with those of another company.

The trademark is undoubtedly the best-known industrial property right and also the most commonplace as most consumer products bear a trademark.

The trademark is a national right which enables its Owner to benefit from monopoly rights on the trademark in relation to products and/or services covered (which are classified in 45 classes, with 34 classes of products) by the registration.

However, every sign cannot be eligible as a trademark. The Intellectual Property Code imposes absolute rules (never contrary to public order or to moral standards) and relative rules (no infringement of prior rights such as trademarks, copyright, patronymics, or the name of territorial communities).

The owner of a trademark is the one that has to keep watch over its assets and make sure that no third party causes any problems by registering a trademark that is liable to create a risk of confusion due to too much resemblance in similar fields of business.

A trademark is a right that is attached to a national territory which may be France, Switzerland or Japan for example.
However a community trademark can be registered with the OHIM (Office of Harmonization for the Internal Market), which covers all the 27 countries in the European Union.
It is also possible to register an international trademark with the WIPO (World Inellectual Property Organization), where, by facilitating procedures, a trademark can be registered in different member countries of the Madrid System in a single application.
Registering a trademark in a state is a decision that depends above all on the places in which the products or services are to be commercialised, exported and distributed. Therefore, a strategy must be set up...

The IP Attorney will be there to help you determine the sign liable to be registered, to check its availability and to accompany the application procedure in any country in the world.

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