THE HICCUPY TRADEMARK
If you did something stupid regarding conception, registration and management of your trademark, sooner or later it will emerge.
We offer you services of selection, registration and survey of trademarks, technical evaluation for courts, consultation for the resignation of internet domains and evaluation of trademarks. If you ask for consultation
or if you want to register your trademark by yourself
People that manage trademarks ask themselves why It is so important to be able to design, register and classify them. In conclusion it is fundamental to control if the registration continues to give exclusivity to the distinctive sign over time.
The trademark represents the avatar of the entrepreneur, the form of power enforcement born from one necessity: dealing with competition with the appropriate instrument, which is not easy to obtain.
For this reason, whoever deals with trademarks every day, must know how to behave.
If you don’t konw it, we at FandIP (acronym of Fumarola and Intellectual Property) tell you. FandIP has been helping for more than 20 years communication offices and companies to SELECT (and design), REGISTER and SURVEY the most important good for a company, the only one that with time and use is able to reevaluate to transform, if you will be capable, in an income.
if you refuse to learn this important information I’m giving you, you will be out of the market.
Currently, we registered more than 1150 trademarks all over the world and in different economical fields. Many of those trademarks have been invented in their naming by us too. In more than twenty years of activity we have never worked with an IP office (Intellectual Property) that also offered a naming service.
For this reason if you want to know how to select, register and manage the trademark after registration,
Maybe no one ever told you that, a well selected, used, and registered trademark, becomes “strong”. A burning fire with shocking effects: a juridical condition that makes this asset, a powerful instrument to attack those who want to violate its principal functions and its value.
For this reason, don’t be afraid to invest on this important distinctive sign (another expression to say trademark) also because, its initial cost for protection and selection, even abroad, is the same of a utility car: with the difference that the value of the car, as well as any company equipment, decreases with use; while regarding the trademark- and think about what I’m going to say – time and use play in its favour.
So, what do you decide to keep? A utility car of a trademark that enhances its value? If you still have doubts on what a trademark really is…stay here a little more
The trademark is a word, a number, a figure, or another sign, like sounds, shape of the product or its packaging, the combinations or colour shades, provided that it is suitable to be remembered, adequate to differentiate the product or service of the related product, from another entrepreneurial origin. To better understand, the trademark is the “sign” that will allow the satisfied client that saw it just once, to purchase more.
Generally, only REGISTRATION – obtained through complete respect of the law- allows the trademark to enjoy exclusivity in determined territories and for specific products and services; as a consequence, its owner will be the only one to use it for a limited period of time and until registration is valid.
What do I want to say with this?
I want to let you understand that concerning the right of exclusivity there are two main misunderstandings to expose, mostly connected to details that the greatest part of people that deal with trademarks don’t even know.
The first one, concerns the difference between FILED and REGISTERED trademark.
A FILED trademark is not the same as a REGISTERED one: this being said, filed and registered trademark have clearly two different meanings
Indeed, the filing of the trademark does not correspond to the sole request of registration, starting from which the examination and publication iter, that generally lasts less than a year, starts. After that, if there will be no objections, the confirmation of registration will be obtained , that is the formal recognition that gives to its owner the right of exclusivity, on everything or a part of what requested in the application.
In addition, the second misunderstanding concerns the expression: REGISTERED trademark.
So, REGISTERED trademark does not necessarily mean REGISTRABLE trademark, because even after obtaining the registration, it can be declared invalid, with all the consequences that come forward.
For whom and for which?
For people involved in a commercial contract of distribution of the product , transfer, or license that has a valid trademark as object.
In this case, the relative legal transactions would be void as devoid of their essential element, that is a valid registration.
At this regard, if you want to learn more on how to select, register and manage a registered trademark,
Even from the accounting point of view you could find out that the value of a non-valid trademark can be ZERO. Regarding the reasons why your trademark can be worth zero, I invite you to watch my free webinar that you can obtain by
The invalidity of a trademark can determine the cancelation of registration, if at the time of its request, the distinctive sign was already devoid of the three basic requirements: NOVELTY, DISTINCTIVENESS and LAWFULNESS.
NOVELTY must be ascertained through an attentive prior research, that must be necessarily accomplished with a specific process that ends up with the examination of what emerges from data: so, in case there were situations of similar names or, as in case of names of origin even if just evocative, violation must be judged in light of some exact parameters provided by practice.
Many people make mistakes while considering only the anteriority of preceding trademarks, because to let a registration of trademark become non-valid, it’s enough to find a similarity with a notorious name in the sports field or a design previously protected.
If you want to know more on how to make a meticulous anteriority research and decide if there is any confusion between trademarks or other signs,
For what concerns the requirement of DISTINCTIVENESS, pay attention because it must be verified without taking in consideration words, figures and other signs like those of “common use” or “descriptive”, some aspects of the product or service in the related sector. All this by avoiding being too strict in choosing the words to exclude or too flexible by including them all.
The same thing applies to the single letters and numbers. On the topic of distinctiveness requirement, it is important to reserve particular attention to surnames and acronyms. If you want to learn more on how to evaluate distinctiveness,
Now we will focus on LAWFULNESS. Such requirement must be evaluated without mainly considering words, figures, and other signs, that are misleading and against the principles of public order and morality.
Talking about deceitfulness, imagine to be a famous Italian stylist, with the typical Italian name Mario Rossi, that sold his trademark to Japanese in order to mark clothing. This situation can be deceptive for the public who could think that behind these products, there is still the touch of the Italian stylist.
Or imagine yourself as owner of a registered trademark having the image of the olive, for flour-based products without olives.
In this case, consumers might arise some doubts, because they thought that the products included olives and derivatives.
You understand that if your trademark is against the law or such as to mislead the consumer, it can be refused from registration and, if registered, it can also be canceled in litigation (in case you used it against whoever is infringing it).
If you want to learn more about LAWFULNESS,
We often hear that one trademark is as good as another: “This or that makes no difference”.
Well, you have surely realized that this has not been the case for a while now. The reason is that by now, there are very few words and the possibility to find available ones that are good for registration is rare. It should also be considered that many companies, operating abroad in production and sales, must hope that the trademark is free there too, in an identical or similar form.
If you intend to make an international research that does not take for granted many aspects, you must necessarily know more
Naturally, you have certainly noticed that you must know all the backgrounds of a trademark, before applying it to a product, asking for registration and claiming the right of exclusivity against who, you think,
The activity of choosing a name for your trademark, represents a good start, and for this reason, you must know the exact procedure to obtain an indisputable trademark.
What are you waiting for? Ask those who already know how the story goes if you do not work well right away.
If you want to know how to obtain the right trademark
And if you work in the wine sector and want to create the right trademark,
Once the right trademark has been created, you can present the registration request in your country or abroad, trying, in this case, to take advantage of international conventions that will allow you to save a considerable amount of money.
This is an example of the registration process involving a trademark registered in the European Union, valid simultaneously in 27 EU countries (Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, and Hungary).
if you want to know where and how to register a trademark for the achievement of local protection, in order to be the only one allowed to use it for determined products or services,
Having said that, you probably realised that the subject of trademark protection, beyond what many may think or say, requires a lot of specific knowledge. Leaving to chance means going back.
For this you must necessarily acquire all the information that may concern your trademark.
Remember that your distinctive sign must always be reliable, in the pleasant moments when it will sell you and in the less pleasant ones, when you will have to defend it before a judge.
Therefore, you cannot leave the fate of your company to chance, especially if it is mono marked: it has a single distinctive sign around which all sales revolve.
For this you ABSOLUTELY need to know more, find out what to do
Or, if you want to work autonomously,