Trademark law covers a set of specific rules, with subtleties, that a specialist can help you to best understand your trademark issues.
The Industrial Property Attorney, a regulated profession, provides various services, the main ones of which are presented below:
Firstly, they can help you in registering your trademark by advising you on the registration of a word trademark (a name) or a stylized logo instead, which can help you to stand out from your competitors. They will analyzes your activity and the signs you use to indicate which trademark to register. Beforehand, he conducts a prior art search to make sure that the sign is available, i.e. that there is no prior trademark that could hinder your projects.
Secondly, when your trademark is already filed and registered, the Industrial Property Attorney can monitor future filings to detect those that infringe your rights, in which case he will attempt to resolve the situation by sending a detailed letter of formal notice. If necessary, an opposition to the litigious filing may be filed so that the Trademark Office (such as the INPI in France or the EUIPO in the European Union) rejects the trademark application.
Thirdly, the Industrial Property Attorney can also help you defend your brand on the Internet. Infringements are not uncommon and some companies, such as those specializing in fashion, are particularly affected during certain “peak” periods for counterfeiting: Black Friday, sales, Christmas, etc.
Finally, the Industrial Property Attorney negotiates your contracts for you: trademark transfer or license, coexistence agreement, memorandum of understanding following a conflict, etc. A trademark license is a good way to increase the value of your business by earning royalties.
These are the most common tasks entrusted to the Industrial Property Attorney, as far as trademarks are concerned. However, their activity is much broader!
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We offer our clients a dedicated and unique experience of expertise that is necessary for the exploitation of intangible assets. We will also endeavor to keep you informed and up-to-date about intellectual property and digital economic issues through our articles and newsletters written by the Dreyfus Legal Team.