Metz

A. W. METZ & CO. AG

MARKEN-ANWÄLTE

CONSEILS EN MARQUES

TRADEMARK ATTORNEYS


in cooperation with Dr. Lusuardi AG, Patent attorney

 

Companies and Names

 
  
A close connection often exists between trademarks and company names, which not only plays a role in regards to marketing, but must also be assessed legally. We advise our clients in the development of appropriate strategies. 
A new company can infringe upon the rights of third parties regarding trademarks, company names or business symbols if it is similar enough to be confused with the above. Depending upon the circumstances, the owner of an old trademark can, with support of trademark laws, ban the use of such a similar, mistakable company name. Conversely, the owner of an old company name possessing more than local familiarity can by law successfully dispute a newer trademark for unfair competition, if it is similar and mistakable and used for identical goods and/or services or goods and/or services of a similar kind. 
For personal rights violations through a newer trademark the owner of an older company name or a natural person can claim the right to bear a name. 
In order to avoid such collisions, we carry out research on older trademark and company name rights in the appropriate registers, develop strategies regarding the extent to which research needs to be conducted, analyze the results and deliver a recommendation as to whether or not the name investigated should be selected as a company name.  
When conflicts threaten or already exist, we hold negotiations and develop contracts. We also work together with specialized litigators in legal proceedings. 
  

  

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