Distinctive signs are used in communication to convey a clear message to the public in terms of corporate image. The aim is to build a stable, ongoing relationship with customers, as a prerequisite for the production of income and company profits. This makes trademarks one of the most important assets of a company, in any corporate transaction. Alongside conventional trademarks, it is now possible to register non-conventional trademarks such as moving images, scents, colour combinations, shapes, and so on.
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We work with our clients to determine a targeted protection strategy, identifying countries and the goods/services to be protected in accordance with applicable regulations. In terms of territory, it is possible to protect a trademark either through national, European or international registrations, or through a combination of the latter. A good beginning means simplifying the administrative process and minimising costs.
We assist clients in opposition proceedings in Italy, the European Union, or, through our network of foreign agents, in any foreign country that adopts this procedure, to avoid encroachment by those seeking unlawful advantage from our clients’ trademarks.
Before adopting a trademark, clients should check for the presence of other trademarks or distinctive signs that could prevent registration and use of their own trademark. Since trademarks are effective in the territory where they are registered, in order to obtain a clear picture of any possible conflict with other trademarks or prior rights, the search must be carried out in each territory concerned.
Prior trademarks and distinctive signs may constitute an obstacle to the registration and use of the trademark or other distinctive sign concerned. Therefore, before using a trademark, a trade name, a domain name or any other distinctive sign, it is advisable to carry out a search based on precise evaluation criteria.
Numerous trademarks are registered daily in every country. Consequently, it is not uncommon for one or more trademarks to conflict with another, causing confusion or other prejudice. To avoid this risk effectively, it is possible to monitor both word and figurative marks, or a combination of both.
We assist with administrative enforcement through active and passive opposition before the Italian Patent and Trademark Office (UIBM), active and passive opposition and trademark cancellation before the European Union Intellectual Property Office (EUIPO), and similar proceedings in any country in collaboration with the Studio Torta network of foreign agents. We also assist with legal proceedings, in collaboration with our clients’ lawyers.
We represent clients in invalidity proceedings involving EU trademarks, and collaborate with our foreign agents in invalidity proceedings involving non-EU trademarks.
We provide effective due diligence, analysing a trademark portfolio before a commercial transaction is carried out in order to verify the status of the trademarks or trademark applications from a legal point of view, and possibly the scope of protection they offer to the purchaser of the rights.
The Internet reaches any operator and any client in real time, in any corner of the globe. Therefore, what happens on the Internet has important consequences on how a trademark, product offering and corporate image are perceived by the public and by clients. Drawing on its long-standing experience and working in close collaboration with a specialised technology partner, Studio Torta has recently set up a platform that enables not only prompt monitoring of the Internet, but also effective management of notifications to obtain the cancellation of web pages bearing counterfeit trademarks and products.
Customs surveillance and application for action with the Customs authorities are effective and relatively inexpensive ways of fighting counterfeiting compared with other forms of protection of industrial property rights. We assist clients at every stage of the proceedings, from filing the application with the Customs authorities to renewal, and through to managing individual reports of counterfeit products and Customs proceedings.