Our firm is well placed to furnish strategic counseling as regards all aspects of trade mark law. We work closely with clients in selecting and securing new marks and protecting existing marks. We are prepared to work and coordinate with a large number of firms around the world. No action would be taken before ensuring compliance with domestic practice and laws.
Our Trademarks services include:
(1) Groundwork Study:
Our firm normally prepares a groundwork study. The main rationale behind a groundwork study is to enable the applicant to assess the probabilities of registration. A number of trademark applications may fail on legal grounds such as being identical or confusingly similar to existing duly registered trademarks. Again, a suggested trademark may be excessively descriptive or generic. Once more, identifying the type of class is of prime importance. Without a prior assessment the applicant may experience unnecessary cost associated with a wrong application. Our study shall contain the following:
To ensure the best protection available, the first act to be done is to identify the class or classes into which the registration should be made. A class would be identified on the basis of the products and services that will be connected with the trademark.
(3)Trade mark search:
On account of class identification, our firm will perform an exhaustive search of existing registered trademarks. Our firm would exert the utmost effort required to identify (if any) the marks that have graphic or phonetic similarities. Needless to say, it is of vital importance to ensure that the trade mark you intend to register does not conflict with prior or pending registered rights. Our firm can undertake an appropriate search on your behalf, and furnish to this end, a comprehensive report of potentially conflicting trade marks (if any), as may be disclosed in that search together with an evaluation of any risks of infringing existing registration, in addition to a well considered opinion as to the possibility of your being able to obtain registration of your suggested trade mark. A trademark search should be completed for determining whether your proposed trademark is eligible for use and can be registered. A search should be conducted of records maintained by the Registrar of Trade Marks. In the event an objection is encountered during the process of prosecution of your trade mark our firm is in a position to deal with any objection on your behalf by the most appropriate available means.
On the basis of the trademark search our firm would submit an assessment of trademark registration acceptance. Our firm would also provide a general advice as regards the trademark registration process. However, our firm is well equipped to submit a formal legal opinion as regards any particular point of law subject to matters undisclosed and based on the law at the date on which the opinion is given.
(5)Registration opposition and disputes:
In respect of opposition and disputes our firm is well prepared to assist our clients to resolve disputes before the Trade mark Registrar, and when appropriate in any litigation before the competent Court. Our firm is highly capable to undertake the requisite legal defenses against any opposition that may be raised during the process of registration which may include statutory objections that may be raised by the Trademark Registrar as to the mark’s eligibility for registration, third party opposition that may be raised after publication of the mark in the Official Gazette and opposition to a third party registration request that may be made for a trademark registration similar to that of the applicant.
Our firm undertakes watch programs to keep our clients fully informed of the states of their trademarks portfolios and of the actions of their competitors when appropriate. Our firm can undertake customs liaison by tracking our client’s intellectual property rights and work with officials to ensure that they watch and arrest shipments of infringing goods and products crossing national borders. Customs as positioned at airports, land borders and ports are uniquely situated to assist in defeating infringements of intellectual property rights. Customs can be an efficient means of intercepting consignments of infringing goods en route to their ultimate destination. We are prepared to participate in a coordinated action in the process of anti-counterfeiting and anti piracy action.