You have developed a portfolio of trademarks or domain names to exploit commercially freely, without risk of infringing the intellectual property rights of others and without interference from your competitors in your innovations and creations, to differentiate you from the competition and to communicate an image of innovator and creator to your targeted markets.
Except that with the time, your competitors risk on the one side to protect other aspects of your future products and services and thus restrict your freedom of operation or on the other side, to copy you without your knowledge and to divert your clients.
Thus, you must proactively develop and strategically extend your trademark portfolios, anticipate the development of your competitors and detect the possible usurpations of your industrial property.
To meet these expectations, IPSIDE has developed a legal monitoring system. It is an effective tool with the main objective of identifying all applications for the registration of trademarks on behalf of third parties or newly published competitors, identical or similar to yours, which could directly and immediately infringe your rights.
In practice, the IPSIDE legal experts analyze these new trademark registration applications on a daily basis, which may collide with your rights, in order to advise you quickly regarding the ways of action available to you (for example, letter of complaint aiming to possibly settle the dispute amicably, administrative opposition to registration with the Offices or legal action).
Thus, a letter of complaint or an administrative opposition procedure upon the registration of a trademark application can stop counterfeiting at source at a significantly lower cost than a legal action, and this even before the disputed trademark is recorded or even exploited.
Considering an active management of your industrial property rights, this service also significantly limits the risks, on the one side, of having you oppose the legal principle of foreclosure by tolerance arising from the uncontested use for 5 years of a trademark identical or similar to yours and, on the other side, to devalue the assets that make up your trademarks and to weaken their degree of distinctiveness because of their trivialization.
This surveillance can be accomplished:
- among all trademark registries throughout the world, in the activities representing your interest,
- among all the commercial identifiers, namely corporate names, trade names, signs and individual companies registered/declared in France, registered in the Trade and Companies Register. It allows the detection of identical and para-phonetically identical names in France for all activities (NAF codes),
- among generic or other domain names.
More specifically, a surveillance can be carried out by name of a company or of an individual who could be, for example, your competitor, franchisee or distributor and thus be informed of any new identical filing or close to your brand. This is indeed a competitive legal monitoring.
Once a risk or infringement has been identified and analyzed, your IPSIDE legal expert notifies you and presents you options of action and optimized budgets to quickly intervene and thus optimize your portfolio of intangible assets.