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// TRADEMARKS AND DOMAIN NAMES

TRADEMARKS


Trademarks relate to the identity of your business.


Your trademark identifies your goods and services as those produced or provided directly by your company, allowing your clients or prospective clients to identify and purchase your products instead of those of your competitors.


Your trademark also helps you deliver brand awareness and plays an important role in marketing and communication. In fact, your trademark communicates the values and quality of your products and services to your clients.


In other words, trademarks reward their owners with recognition and financial profit. A trademark is an intangible asset and its value is included in the value of your business. It can be transferred, licensed to third parties and also pledged as collateral while seeking financing.


Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.


It is also important to say that the rights conferred by a trademark are not subject to time limits and can, potentially, last forever.


The trademark system enables companies to produce and market goods and services in the fairest possible conditions, thereby facilitating international trade.


It is possible to choose from a variety of different trademarks including words, other graphical representations, 3D patterns, smells and even sounds.


Trademark owners have the choice of obtaining protection on a country-by-country basis, or by using international systems.



Domain Names


A key challenge in the incorporation of a company or the launch of new products and services is the registration and protection of domain names.


Trademark protection can also be affected by the occupation of identical or similar domain names by third parties.


We take action against rights infringing domain name registrations made by third parties.


To reduce the costs of civil or criminal litigation we safeguard our clients' rights through special arbitration proceedings for domain disputes before the World Intellectual Property Organization (WIPO) and other competent Authorities.


If a settlement cannot be reached, we protect our clients' trademark rights through court actions against the respective domain name owners.






The main services we provide in this field of the law are:


ADVICE


We devise comprehensive trademark strategies with our clients.


We advise our clients as to whether or not a trademark can be used (freedom to operate search).


We advise on which signs, personal names, designs, letters, numerals,

shapes of goods, shapes of packaging, colors, sounds and fragrances can

be used and/or registered as trademarks.


We advise on the validity/nullity requirements of trademark applications

or registrations.


We advise on the protection of renowned trademarks.


We advise on the exhaustion of trademark rights.


We advise on parallel importation issues.


We advise on repackaging issues.


We assess trademarks and perform trademark due diligence.


We advise our clients on infringement cases.


We advise on all internet trademark issues.


We advise on all aspects of the registration and use of collective

trademarks.



APPLICATION FILING


We file trademark applications at both national and international level,

via OHIM and WIPO.


We advise our clients in the process of choosing which trademarks are

worth registering and which are not.


We advise our clients in choosing the countries where their trademarks

should be registered.


We draw up product lists to ensure full coverage of our clients' needs.


We administer and monitor trademark rights.


We represent our clients in opposition or invalidation procedures before

the competent Trademark Offices.



LITIGATION


We conduct trademark infringement and/or validity/nullity proceedings

in Italy and abroad.


We possess wide-ranging experience in the field of web piracy.


We conduct legal proceedings for breach of contract.


We defend our clients against infringement allegations brought against

them by competitors or third parties.


We conduct or participate, through our network of IP professionals, in

cross-border trademark infringement lawsuits.



CONTRACTS


    We advise on contractual matters, in particular regarding transfer,

    licensing, merchandising, franchising, and pledge agreements.