Trademarks

Cabinet PONCET Marques

A trademark is a title deed intended to protect a distinctive sign which identifies products and/or services. The operating monopoly conferred by the trademark is meant to be used in perpetuity through its successive renewals through time.

To be eligible for trademark protection, a sign must satisfy the following legal criteria in particular:

  • be distinctive,
  • not be prohibited,
  • not be deceptive or misleading,
  • not be contrary to public policy or morality.

A trademark must also be available with regard to the rights of third parties (trademarks, company names, trade names, and domain names in particular). 

Availability is the main obstacle in trademark law: there are a very large number of registered trademarks for all kinds of goods and/or services. That is why we highly recommend carrying out availability searches using a well-thought-out query strategy by our firm.

In connection with the distinctive sign intended to be filed as a trademark, a list of products and/or services corresponding to your actual or potential business activities must be drawn up. 

The contents of this list must be worded very carefully; the monopoly that will thus be obtained will depend directly on it.

Improvising can lead you to a legal impasse: that of not being protected for your business activities, and sometimes even finding yourself blocked by a third party who has made a subsequent but more appropriate filing.

 

Our team takes particular care in the operations prior to a trademark application (verification of legal requirements, availability search, and drafting of lists of products and/or services).

Our attention to detail, accuracy, and expertise in this field are recognised and appreciated by our clients.

Our team is able to assist you by drafting, filing, and representing your interests during the examination procedure of your trademark application to adequately protect your business activities—in France and internationally.

 

A trademark also requires regular monitoring and actions to be taken according to legal deadlines that are mandatory for the trademark to be maintained in force. But third-party filings that may weaken your monopoly must also be monitored and opposed. Our team is built to manage trademark monitoring in a timely, accurate, and reliable manner.

Our other services