1. In IP registers
In trademark matters, and in numerous countries throughout the world, specifically in Europe, the trademark offices are not blocking new trademark applications on the basis of earlier trademark rights, even if said rights are identical. Registering a trademark is therefore the first step, but it is not enough: the rights obtained through the registration may need to be defended against third parties and counterfeiters. If you want to be kept informed of the publication of younger trademarks, which are identical or confusingly similar to yours, Office Freylinger’s watching service will enable you to protect the trademark and your investments in the trademark registration, but also the image as conveyed by the mark.
If we become aware of the publication of a new trademark application that is identical or confusingly similar to yours, we will report it to you and let you know about possible actions to take in this case.
We can also conduct patent watching services, covering a specific field of activity or patents published in the name of a specific applicant.
2. On site / online
We can conduct on site or online investigations in order to detect counterfeited products or infringing services.
We will then propose the adequate measures to intervene against said infringing products or services.
According to Council Regulation (EC) No. 1172/2007 of the European Commission of 05 October 2007 holders of intellectual property rights can apply for actions by the customs authorities by which a stronger control of cross-border traffic concerning goods that are protected by Intellectual Property Rights shall be effected. The intensified control can be demanded against goods suspected of infringing certain intellectual property rights and against goods found to have infringed such rights.
To improve and reinforce the measures against infringing intellectual property rights and endangering health and security of consumers, right-holders can demand national or EU-wide actions. By these counterfeit and pirated goods shall not be allowed to be imported or exported, under various customs regimes, into the European Union customs territory. By these actions the counterfeit goods can be ceased, taken out of the goods traffic and maybe even destroyed when entering or leaving the territory of a country or of the EC.
Similar measures also exist in other countries or for other territories, such as the USA or China.
Office Freylinger supports its clients by submitting the appropriate administrative requests for action, and by reporting potential infringement detected by the customs, together with a first proposal for action against said infringement, the case might be.