Infogiur Trademark

Carlo Rossi and Partners Law Firm Italy

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Trademark search

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Before filing a trademark application, an exhaustive anteriority search should be done, direct to check any pre-existing identical trademark and also any similar trademark that could conflict with the trademark intended to be registered.
The search can be conducted with reference to denominative elements (denominative trademarks only – i.e. made up of words only) or to figurative elements (trademarks with graphic device only). In case of trademark consisting of words and design, the search should be conducted with reference both to denominative element and graphic device.

Under Intellectual Property Law in force, trademark registration should not create confusion or likelihood of association with an existing trademark. Often this aspect is not duly considered and consequently registered trademarks lack validity.

In order to make this risk decrease, our Law Firm conduct search on appropriate data bases to avoid, after registration, any claim based on anteriority rights.

Anteriority rights are basicly:

- trade mark (registration or application);

- commercial name / trade name, use to distinguish goods/services of a company;

This search is conducted on electronic data bases that collect registered trademarks or trademark applications.

Search results give indications concerning type of filing, denominative, figurative, colored or black and white, with further denominative elements and the trademark filing strategy: countries to cover and procedure to activate.

In fact search results could confirm the validity of the trademark or advice against the filing of the application (risk of nullity) or also against the use of the trademark (risk of third-party claim).

Our Law firm provides our Client with these search services and relative advice.

The Client receive search results with a written legal advice that illustrates the possibility of trademark registration and any consequent risk.

 

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