Branding – Brand
The legal forms of brands are the trade marks. In our practice as IP lawyers, we often see trade mark applications which seem to be lost cases from the beginning. Sometimes the signs for which registration is sought are descriptive or non-distinctive. Sometimes they are similar or identical to somebody else’s trade mark.
We often receive logos, slogans, etc, which are “ready to submit”, according to the client. Nevertheless, it often turns out during the legal investigation that the respective sign was never examined from the point of view of trade mark law, even though the respective brand went through the usual progression of advertising agency – marketing department – management – advertising agency and was accepted at these various levels without any doubts. It is quite difficult, however, to change a sign which has already been approved and is in the advertising phase.
If the client does not succeed in registering the trade mark, it will not be able to protect its sign if competitors copy that particular form or slogan.
A well-established brand supported by advertising and marketing campaigns can be the key to success. Consumers’ confidence in one particular brand is often more important than the product or service itself.
Our main goal is to support our clients early in the planning phase, helping them to find brands that are registrable as trade marks as well.
A registered trade mark is strong legal instrument against third parties using similar or identical signs or those which use the trade mark without consent.