STRONG TRADEMARK IS PROTECTED

LEGAL MARQUE • GENEVA

Help with the Trademark Registration

Using our services will save you precious time. Indeed, to register a trademark is not just a matter of signing a document and sending it to the competent authority. You have to know, for example, whether the form or protection category you have chosen corresponds exactly to what you want. This is called the specialty principle.

Use the competent attorney services, such as Legal Marque will avoid many errors as well as the possibility of a registration refusal following by material or substantial errors.

Finally, if you wish to register your trademark abroad, you may be required to go through an expert representative. Legal Marque will take charge of this for you.

Opposition to
registered trademarks

Defending your trademark is essential to prevent certain actions from harming it. Opposition to trademark registration is one of the steps to be taken immediately to stop an approach that jeopardizes your own business. Going through an expert is often necessary to ensure that this procedure has been followed literally. 

A technical procedure

To succeed in this opposition, the request of an expert with legal knowledge is essential, because this action is quite technical. This process to prevent the registration of a new trademark must be done within the limited time to avoid litigation. To be carried out online, this procedure requires developed knowledge in this area.

Necessary supporting documents

To oppose the registration of a trademark successfully, the person mandated for this process must be able to justify his request. A document demonstrating the wish for a new trademark registration will violate its own business is essential.

Trademark and
domain name litigation

If creating a brand is generally a positive adventure, then, disputes can arise. When the name of this trademark and the domain name have taken by a third party, the steps to defend its rights must be immediate. Using an expert for these actions is often preferable.

Writing official letters
In order to be able to manage your disputes in the best possible way, it’s important to discuss with the other party. By referring to the articles of law and by sending a letter in due form, the defense of the trademark will be able to organize itself in the best possible way. The opposing company will therefore be informed of the dispute in the aim of finding an amicable solution.

Initiate legal action

When the first step has not resulted in a simple resolution, Legal Marque will be present for a referral to the authorities. In fact, the protection of its brand requires the intervention of the courts if the situation requires so. Only if the authority empowered to rule on the subject, it will determine the litigation.

Obtain an cancellation act
When the law text is infringed and infringes a trademark, an action for nullity may be required. Thanks to Legal Marque who takes charge of this request, it can be easily carried out. The penalty for the party of injustice effect pure and simple cancellation. This procedure avoids endangering the brand by letting a third party use it without permission.

The surveillance of trademark and domain name

Institutions do not check your trademark for misuse. It is therefore essential to monitor the market. Unfortunately, misunderstanding or even malicious action can lead to litigation which will then lead to legal action.

At that moment, you will need to be advised by an expert who is specialized in intellectual property, such as such as Legal Marque.

We will indicate the step precisely, as follows: mediation, drafting and sending of mail, recourse to the courts or even referral to institutions…

Likewise, be aware that it is your responsibility to verify that no one is using a brand or domain name without your knowledge.

We can do this monitoring for you as well, which gives you peace of mind and saves you time so you can focus on surplus value-added tasks. 

The search for professional experience

“Before filing your logo or trademark, it is essential to carry out a thorough prior art search to know if a competitor has not preceded you.

There is not necessarily a desire to harm your business: a graphic design agency may have proposed a logo resembling another without knowing it.

An expert like Legal Marque will also alert you at the point of disclosing contentious issue in certain amount of cases: a trademark “similar to the point of causing confusion” regarding to another.

Even if you are in good faith, you will need to be supported effectively so as not to suffer a legal setback which could prove to be the unnecessarily expensive.”

Audit and
brand consultancy

Even if it seems immaterial and sometimes raise what can be considered anecdotal, the brand is truly a property of the company, as well as the equipment, the premises, the financial resources …

We recommend that you pay great attention to it and if possible, start thinking about it when you want to start your service or your company. If necessary, Legal Marque can carry out a complete analysis of your trademark (main and secondary names, choice of logo, colors and references, etc.) but also study your positioning in relation to the competition.

In this case, we will give you the best advice to optimize your trademark.

Assistance with
customs declaration

Import-export is a flourishing activity provided you comply with the rules for customs declaration. Each product must be clearly identified indeed when entering and leaving a particular country. As the rules change depending on the country concerned, the help of an expert will be welcome.

A certified statement

In order to let the products pass through customs smoothly, the documents for customs clearance must be completed as required. To ensure customer orders, special attention must be paid to these procedures. Using Legal Marque is preferable for goods to be allowed to move from one country to another. Guaranteeing the success of the business, this procedure must indeed be followed literally.

Calculation of costs

To prepare for customs clearance, companies must plan the fees to be paid to ensure that the competent personnel authorize the passage of goods. Preparing with Legal Marque is a good way to plan for this expense and to arrange necessary money.

Mastery of the IT process

The customs declaration asks to know the operating mode of data processing. A novice may experience some difficulties, so the help of Legal Marque allows you to get rid of this process. In order to be completed formally, it will necessarily be accepted by customs officers and trade will be able to continue with beneficial imports and exports.

The creation of contracts

When creating a brand and throughout its life, contracts ensure that it functions properly. Their drafting requires a perfect mastery of the regulations in the field. Entrusting this task to Legal Marque who guarantees that brand protection will be total.

The brand license

Allowing licensees to use this brand for royalties, the brand license agreement must be specific and take into account all aspects of this partnership. To master this mutual commitment, calling on Legal Marque in the field is preferable. It makes sure that the terms including commissions and affiliations are added when necessary.

Develop a franchise

A different concept, the franchise contract allows you to develop a business by reproducing a recipe that works. In order for it to see the light of day, every element that the brand wants to see declined must be presented. Elements of its achievement, each franchisee also undertakes to follow the processes at each level. An expert in the creation of contracts will ensure the proper drafting of these contracts.

Defining coexistence

A delicate contract, the coexistence of brands requires extreme precision to ensure that corporations can work together. An expert in the field will be able to fix the territories and boundaries around which each will be able to develop. The products and services that each can offer to customers is also one of the essential mentions. Some experience is required for this contract to ensure the sustainability of both parties.

Request for
certified document

Before starting a litigation procedure, take steps related to the creation or management of a trademark. It is often necessary to request certified documents which will be presented to the institution in charge of the file.

The use is double on the one hand, you will be informed on the real holder of the rights and you will be able to justify an opposition in case of conflict or to request an extension abroad. On the other hand, you will be informed of the territorial scope of a brand, its registration status or the validity of its registration.

Legal Marque has a department responsible for providing you with the following certified documents:

  • Trademark Identity Certificate;
  • National registration inscription;
  • Copy of the trade and companies registration;

Brand renewal

“All brands must be revised every ten years. This operation must be carried out in the six months preceding the last day of the anniversary month of the deposit. It is your responsibility to submit the extension request on time.

When renewing your brand, you can delete services or products and perform a reclassification in case you want to change the international classification.

However, you are prohibited from adding new products or services, or modifying the brand model. In this case, you must make a new deposit.

Legal Marque takes over for you by taking steps to revise your trademark for you.”

The Registration Extension in Europe and International

The extension of your trademark registration in Europe and internationally can be deposited at any time. However, you have a priority right of six months, starting from your deposit in Switzerland, to extend your protection internationally.

In each state where you have submitted your file, as soon as it is accepted, your trademark is protected for ten years.

Thanks to the subsequent designation, you can extend your protection abroad, according to the new markets to which you plan to develop.

Since Switzerland is not part of Europe, we deal regularly with the PMOI and our team is experienced in the registration extension exercise. Trust our project.

The Brand Usage Survey

“The obligation to use a trademark makes it possible to verify that the owner of the trademark actually uses it in Switzerland, has a domicile or a registered office. If this is not the case, beyond five years after the end of the opposition period, its exercise of the brand monopoly may be called into question.

As a matter of fact, everyone can file a request for cancellation of the mark for failure consumption. There is no need to demonstrate special interest. This delay is justified by the time necessary to start effective production.

A trademark and domain name survey allows you to check whether a registered trademark could be considered forfeited. In this case, it must be proven that the trademark or domain name has not been used for an uninterrupted period of five years.

Legal Marque suggests that you carry out a usage survey to determine whether the trademark is active or not in Switzerland. If necessary, request a cancellation procedure. “