The brand plays a key role in building or expanding a company. On the one hand, the brand enables the audience to distinguish a company’s products or services from those of its competitors. On the other hand, the brand allows businesses to communicate with their customers directly. Ideally, the audience attaches certain associations and values to the brand, which are intentionally chosen by the brand owner and are relevant for both the business and its audience.
For your brand to serve as your identifying and distinguishing feature, as well as to exercise a communicative function, it first needs to be registered as a trademark – in Switzerland or abroad, depending on where you use or plan to use it. To ensure that your trademark does not fall within the protective scope of an existing registered trademark, which would result in a legal dispute, we recommend requesting what is known as a trademark search. This means that a search and analysis of the relevant trademark databases will be conducted for similar or identical trademarks to prevent possible trademark conflicts and, consequently, costly legal actions. LB has many years of experience with the trademark registration and trademark search analysis procedure, which can be very technical at times, ensuring that you can focus on your core business.
You will invest a lot of time and money into your brand in the course of its “lifespan”. With professional brand management, your brand will gain value. That is why it is so important to protect your brand from unauthorized “copycats”. In this context, LB recommends active trademark monitoring to help ensure that no new trademarks are registered in the trademark registers of relevance for you, which could infringe upon your preexisting trademark rights. It is worth reacting quickly to a “problematic new registration” because you have the right to object within three months of registration. This will trigger opposition proceedings in the trademark office, which will evaluate the conflict on a neutral basis. If you miss this deadline, your only option is a lawsuit in court, which is much more costly in comparison. LB provides you with trademark monitoring support, ensuring that you can defend your trademark rights promptly. A quick reaction is also highly advisable in consideration of “market confusion” and/or for maintaining an “exclusive communication channel” with your customers.