Trademarks

De Tullio & Partners carries out prior art searches aimed at identifying any privative rights impeding the registration of the trademark that it intends to register for the products and services of interest, carrying out, at the same time, strategic protection planning. In particular, the De Tullio & Partners team of professionals – making use of sophisticated databases and vast experience – will perform a legal analysis in the registers of the Trademark Offices of the selected countries, providing a complete analysis of identical/mistakably similar earlier trademarks already registered in the same product sector in a given territory and identifying the protectability features of your brand on the market.

Where the searches are started when the trademark is already on the market or when the application has already been filed, the same will have the purpose of analyzing the risk deriving from the commercial use of the sign and from the start of the registration process now in progress.

This makes it possible to analyze costs and any “exit strategies” in the event of disputes, with a view to safeguarding investments and any competitive positions already gained on the market.

The filing and registration of a trademark in the European Union at EUIPO (European Union Intellectual Property Office) is today an excellent solution available to economic operators to protect their trademark in all 26 countries Members of the European Union, with a simplified procedure and at affordable costs. Otherwise, the same simplification will backfire on the “negligent operator” as you could receive reliefs from the Office or oppositions from third party holders of earlier rights, slowing down or frustrating your registration attempt.

De Tullio & Partners also offers filing and registration services with the UIBM (Italian Patent and Trademark Office) and international filing and registration services and/or international extension procedures of the Italian trademark through WIPO.

The surveillance service is a market monitoring service that will inform you in real time of all filings or registrations involving identical and/or similar brands to yours and will allow you to promptly react to such filings and publications, initiating the appropriate administrative or judicial protection.

Our surveillance service will include – in addition to reporting the filings/publications of identical and/or similar trademarks to the one monitored, also the analysis of the chances of success in the event of the initiation of an administrative or judicial dispute and a summary preliminary investigation on the disputed securities.

Once a trademark has been registered, De Tullio & Partners can take an active part in responding to every management need, such as the coordination of trademark protections worldwide, the review of portfolios of pre-existing trademarks, assistance in the acquisition, sale o licensing of property rights, making estimates on the prices of the transactions based on international parameters of the specific market.

To this end, the De Tullio & Partners team carries out ad hoc economic appraisals of trademarks and/or patents in order to identify the value of the intangible asset to be transferred or licensed.

Our team offers complete assistance in the renewal procedures of trademarks, from the compilation of the paper documentation to the forwarding of the practices online.

De Tullio & Partners provides a monitoring service for trademarks included in its database which includes sending expiry notices to right holders, notice of any objections from third parties with relative explanatory note, as well as the start and conclusion complete procedures for renewal.

Registering a trademark does not protect it from any illicit use or counterfeiting, but it is our job to defend its identity, protect your intellectual property and protect you from the risk of usurpations aimed at damaging your business. The tools at our disposal are different and guarantee the protection of your brand on various levels.

For example, filing oppositions against identical or similar trademarks filed (in Italy or in the EU) by third parties is a very valid means of defense which allows you to oppose the spread on the market of similar trademarks filed by other entrepreneurs. Other solutions are: actions for cancellation, letters of formal notice, requests for injunctions to the Court and/or legal actions aimed at interrupting any unlawful use by third parties and obtaining compensation for damages.