Protecting your Trademark

Choosing the right trademark is not just a matter of marketing.
If the mark is not registered, it has no legal protection. The steps are:

  • Validity

    Legabrand gives an opinion on the trademark the client, its marketing team or a naming agency have chosen, with regard for its inherent validity. Its opinion will be negative if the trademark is descriptive of the product, since it will not meet the requirements to be legally valid. Changes may nonetheless be proposed to increase the validity.

  • Availability

    Before a trademark application is filed, it is advisable to research prior rights in order to check that the name is available and that no conflicting trademark has already been filed. Neither INPI nor EUIPO (European Union Intellectual Property Office) research prior rights before agreeing to register a trademark, unlike offices in other countries such as USPTO (United States), and OPIC (Canada).

  • Filing

    Cabinet Legabrand is registered with and approved by INPI (French national institute of industrial property), EUIPO (European Union Intellectual Property Office), and WIPO (World Intellectual Property Organisation), enabling the firm to file trademarks on behalf of clients in almost one hundred countries. For other countries, Legabrand can appoint another trademark or intellectual property law firm to file the trademark and will monitor the procedure closely with its partner. Legabrand currently works with some fifty partner law firms. Thus, in cooperation with other law firms, Legabrand regularly files client trademarks in the United Arab Emirates, Lebanon, Canada, Hong Kong and Taiwan, etc.

  • Procedure

    Before a trademark is filed, the project and the selected countries are always approved by the client. Once filed, the firm monitors the procedure through to its registration and subsequent renewals, across the entire life cycle. All files are computer-based, for thorough monitoring of procedures and deadlines.

  • Watching Services

    The firm can subsequently monitor your trademark to be notified of any conflicting trademark that may be filed by a third party. This allows us to take action swiftly, in order to file an opposition and prevent registration of the disputed mark, rather than applying to the courts once the trademark has been registered.