in cooperation with Dr. Lusuardi AG, Patent attorney

[Establishment of rights] [Use] [Watching & defence] [Administration

Trademarks > Watching and defence 

Not even the best marketing strategy can prevent potentially confusing or even identical trademarks from being used or registered by third parties. In Switzerland as in many other countries the registration authorities do not conduct checks to ascertain whether a trademark registration infringes an earlier right. Following successful trademark registration it is therefore necessary to perform active watching of the relevant registers in order to prevent the dilution of trademarks by third-party imitation and to maintain their intrinsic value. To protect our clients' interests, we offer, in collaboration with an internationally renowned highly specialized company, global watching or an individual survey programme precisely matched to the commercial interests of our clients for early identification of potential conflicting trademarks and providing our clients with a full analysis facility. Where necessary we add comments to the reports submitted to our clients setting out the facts and legal position and containing reliable information on legal remedies, fees, an estimate of further costs, legal risks and our recommended course of action. 
Where appropriate we negotiate with opposing parties or their representatives in order to settle disputes concerning our clients' trademark rights amicably where possible (by means of coexistence agreements). If, however, our customers' interests are better served by legal measures, we represent our clients in Switzerland in opposition proceedings against the proprietors of potentially confusing trademarks before the Swiss National Institute of Intellectual Property and in appeal proceedings before the Swiss Appeals Commission for Intellectual Property. By enlisting local attorneys we are also able to defend our clients' interests in administrative proceedings, before the courts or arbitration authorities worldwide. It is often the case that proceedings must be brought against the infringers of trademark rights in a number of countries. In these instances, where a multitude of proceedings may be ongoing between the same parties, requiring careful monitoring and control, we instruct selected specialist attorneys and coordinate the proceedings until final legal conclusion.