When you have a new idea and would like to protect it or to know whether it is possible to do so, when you wish to identify your products with a new trademark or you wish to know which trademarks are already used by competitors, you can get in touch with our office.
Again, when you want to grant a patent and/or model and/or trademark license or you see your product or process copied by a competitor and do not know how to defend your rights to the best, when you find that others use a confusable name or logo without having been authorized, you can get in touch with our office.
In most cases a meeting will be proposed in order to evaluate the best kind of protection and to examine closely the several aspects of the matter.
If you think to file a new patent or model or trademark, it will be important to decide immediately whether you wish to limit the initial protection to Italy or, on the contrary, you prefer to have a more extended territorial protection.
In the case of a new patent or model, it will be necessary to have available the drawings of the article or a prototype thereof, preferably accompanied by a short description which allows to understand its operation clearly. It is generally preferable to carry out a preliminary prior patent search so as to be sure that the proposed subject matter is of free use and can be registered. Once agreed how to proceed, our technical staff will start to prepare a draft of the description and to process the drawings to put them in agreement with the present patent laws. During the preparation of the draft it may be useful to have a further meeting, even by telephone only, for suitable widening. The final draft will be submitted to client for approval and authorization to file the patent or model application, which will occur in the immediately following days.
In the case of a new trademark, it will be sufficient to have a specimen of the trademark and a clear indication of the goods or services the trademark is intended to distinguish. It is generally preferable to carry out a preliminary prior trademark search so as to be sure that the proposed trademark is of free use and can be registered. The kind of prior search and its territorial extension will be recommended according to your needs.
Once the first filing of a patent, model or trademark application has been effected, the application will automatically be entered in our registers, which are organized to send you proper reminders with respect to terms for foreign protection, terms for payment of patent or model maintenance fees and terms for renewal of trademark registrations.
As regards the agreement aspects and legal protection matter, the necessary documents will be indicated each time by our staff.
To be valid and registrable, a trademark shall be new, in the sense that it shall not be identical or similar to a prior trademark claiming identical and/or similar products or services, if the identity or similarity of trademarks and the identity or similarity of products or services are likely to create a risk of confusion for consumers in the relevant territory which may also consists in a risk of association of signs.
Before investing money and human skills in the launch of a new mark, it is therefore advisable to carry out a trademark search in the relevant territory in order to check the possible existence of prior conflicting marks which might bar the registration and use of the proposed mark. To the same purpose, it is also possible to carry out searches in the owner name, company name and domain name searches.
While a trademark search may be advisable before trademark filing, after its registration you may be interested in a watch service to monitor that no third parties obtain exclusive rights on an identical or similar sign which may conflict and be an obstacle to your trademark entering in new markets.