Hintergrund

Trademark Law

Advice

We advise on all aspects of trademark law, from the evaluation process through to the enforcement of your trademark rights.

Trademark Strategy

The registration and enforcement of trademarks should always be preceded by the definition of a trademark strategy, i.e. a strategy that is tailored to the requirements of the trademark owner in question. This strategy defines the desired scope of protection, the extent of the searches that have to be carried out, the best method of registration and the need for monitoring, as well as the possibilities of enforcement of trademark rights.

Searches

In order to prevent conflicts with prior trademarks, it may be necessary to conduct research before an application is filed. We instigate such research, analyse the results and make appropriate recommendations.

Registration and Administration

The registration of a trademark requires the prior assessment of the extent to which the mark can be protected. Following the registration of the trademark both in Switzerland and abroad, we represent (with the assistance of our associate lawyers abroad) the interests of the trademark owner in dealings with Trademark Offices to ensure that the new trademark is registered as quickly as possible.

We enter the newly registered trademark in our computerised trademark administration system and notify you in good time of any deadlines (for opposition proceedings / extending protection, etc.).

Opposition Proceedings

Should a third party file opposition against a mark for which you have recently acquired protection, we represent your interests (with the assistance of our associate lawyers abroad) before the relevant Trademark Office throughout this administrative process.

Monitoring

The targeted monitoring of trademarks (both in Switzerland and abroad) allows us to advise in advance of any possible trademark conflicts. If necessary, we initiate suitable legal measures.

Deeds of Assignment, Licensing Agreements and Settlement Agreements

Trademark rights can be assigned in Switzerland and abroad. We assist in both preparing and acquiring the necessary agreements and other documents whilst also ensuring that assignments are recorded at the relevant trademark offices.

If a trademark is (also) to be used by third parties or if you wish to use a trademark belonging to a third party, we draw up the necessary licensing agreements.

Trademark disputes can often be resolved by reaching a settlement and we assist in negotiating the necessary delimitation and coexistence agreements.

Legal Disputes

If third parties infringe trademark rights or associated agreements or if you are alleged to have committed a corresponding infringement, we will litigate on your behalf before the public ordinary courts and at any arbitration tribunals. Our network of associates around the world enables us to coordinate international trademark disputes.