"A trademark or service mark is a sign which can be represented graphically to identify the products or services of a private individual or legal entity." (Art. L 711-1, par. 1 of the French Intellectual Property Code).
This legal definition lays down the scope of trademark law: the essential function of the trademark is to enable consumers to identify the origin of a product or service in its competitive environment.
The trademark is thus the indispensable asset on which a commercial development strategy is based.
The VIDON Group has developed real expertise and assists its clients in their projects.
Trademark availability search
In order for a sign to be appropriated as a trademark, it must meet several conditions: first of all, it must be available (not already appropriated by a third party).
This stage, which is indispensable to ensure the legal security of a project, can take several forms:
- from the simplest: exact match search;
- to the most elaborate: search for similarities including transliterated characters (in Chinese or Arabic) and other matches.
The VIDON Group has developed several services enabling it to propose a scaled offering to its clients and thus offer targeted rates for prior rights on exact matches or on all similarities.
Filing a trademark
The expertise of VIDON Group staff is available to clients to build the strategy most suited to their needs and expectations.
Indeed, what needs to be filed?
- A term only (verbal trademark)?
- The logo on its own or combined with the name?
- In color or black and white?
- In Arabic characters for Arabic-speaking countries? In Chinese characters, and if so, which ones (traditional or simplified)? In Pinyin or not?
And where does the filing take place? In what format, to optimize costs? (French trademark, EU trademark, international trademark, foreign country trademark).
For formalities also, the VIDON Group offers a high-quality service via a network of foreign counterparts selected for their affinity with the Group's values, who meet up with the partners and staff on a regular basis.
The experience of VIDON Group staff is made available to clients to secure the most ambitious rights in each territory concerned, while optimizing protection costs.
Trademark filings sometimes come up against obstacles. Every day, our staff put forward and implement clearance strategies (acquisition of prior rights, forfeiture proceedings, license negotiation, negotiation of coexistence agreement, etc.)
Maintaining a trademark in force
A trademark is protected indefinitely, provided it is renewed on a regular basis.
Protection is generally granted for a period of ten years on a renewable basis, except in specific cases. For example, in Canada, the trademark is protected for 15 years from its registration date.
The VIDON Group will regularly remind you of the deadlines and handle the renewal procedures on your behalf.