A brand embodies an identity, conveys a reputation, and structures a relationship with the public.
Practical questions arise at every stage, from building a brand to defending it before the relevant courts and offices:
- Is my sign available?
- Is my sign sufficiently distinctive?
- Do my filings adequately cover all the goods and services I market or plan to market?
- A competitor files a mark similar to mine: how can I prevent it?
- Is my mark used sufficiently to withstand a revocation action?
- A third party is using a sign similar to mine: does this constitute infringement, and what actions can I take?
There are also many pitfalls in this area:
- An overly narrow filing that leaves certain classes uncovered, which competitors are quick to occupy.
- A mark not used for five years, making it vulnerable to revocation.
- A licence agreement that does not provide for all conditions of use.
- A business transfer carried out without a prior audit of the trademark portfolio.
Our lawyers assist you both in advisory matters and in litigation, whether bringing or defending claims, in France, before the EUIPO, and internationally through trusted partners.
On the advisory side, we work with you to develop a filing and protection strategy aligned with your ambitions and constraints, from selecting the sign to monitoring and managing your portfolio. We also assist with drafting and negotiating licence, assignment, co-ownership, and coexistence agreements, as well as conducting portfolio audits in the context of mergers and acquisitions.
In litigation, we are experienced in both judicial tools (such as seizure for infringement) and non-judicial tools (including customs detentions and bailiff’s reports, among others) used to investigate and establish evidence of infringements of your rights. We represent you in opposition proceedings, emergency proceedings, and actions for infringement, invalidity, and revocation before the French courts, the EUIPO, the General Court of the European Union, and the Court of Justice of the European Union.