The promotion, distribution, research and development of your products and services and all the functions of your company contribute to the development and the value of your commercial brand(s). Your brands guide your clients in their buying choices and decisions and are valuable assets of your business value. In order to protect the distinctive signs included in your trademarks and to keep your competitors from copying and diverting your clients, you must file your trademark in the country(ies) where you distribute your products and services. You will then have a 10-year operating monopoly, renewable indefinitely, subject to the payment of an official tax.
Even though a trademark filing can be done simply and online, for example, with the INPI, it is important to keep in mind the risks of conflicts that may arise (oppositions and possible disputes) when anteriority searches are not carried out beforehand or if the information given during filing is incorrect or has changed. A litigation, especially if it occurs several years after your trademark filing, may force you to change trademarks and thus compromise all your promotional and development investments. Finally, you may have to face complex situations such as negotiating the purchase or sale of your trademarks or defending them against potential counterfeiters/ identity thieves.
Therefore, it is prudent to request the assistance and expert advice of an intellectual property expert to help you file, enhance and defend your trademarks.
The IPSIDE legal experts [see team] advise and support you in all procedures, approaches and steps related to the life cycle of your trademarks:
- Advice on filing, registrations and procedures of your trademarks in France and abroad: depending on your targeted markets, your marketing strategy, your IPSIDE partner leads the anteriority search in all selected countries or regions, proceeds with formal approaches toward the concerned offices, responds to any administrative objections from the offices and follows the renewal deadlines for your trademarks.
- Advice for proactively managing your trademark portfolio: your IPSIDE partner can perform a protection and financial validation audit of your trademarks, to help you decide which trademarks to keep, to abandon, to sell or to buy. He will also assist you in negotiating and drafting contracts concerning your trademarks, whether they are licensing, buying or selling trademarks, transferring activities, coexistence agreements or partnerships.
- Advice in what concerns the vigorous defense of your trademark rights: through surveillance (see Trademarks surveillance) of your trademarks and corporate names and possibly those of your competitors, the IPSIDE legal experts will advise you on the best strategy to implement and the various actions to be taken to avoid the degeneration or forfeiture of your trademarks, to carry out opposition disputes or to constitute files of proof of use for your trademarks, etc. When the case moves towards the judicial process, your IPSIDE partner and the IPSIDE AVOCAT lawyers will assist you in all phases of this litigation: since its preparation (for example, trademark use surveys in France and abroad, purchase reports or counterfeit seizures), its preliminary phases (such as the drafting of formal notice letters, claims and pre-litigation negotiations), to legal proceedings (for example applications for annulment and forfeiture before the courts, customs actions, actions for infringement or unfair competition) [see litigation service]. Finally, when the situation requires it, the IPSIDE legal experts solicit in the analysis and the conduct of the defense of your rights the assistance of their local correspondents abroad.