Intellectual Property

Departments – Intellectual Property

In a world where innovation, be it technological or artistic, is increasingly appreciated and sought after, industrial law and intellectual property play a crucial role.

The management of crucial moments such as the genesis, acquisition, use, exploitation and protection of trademarks, patents, industrial models, artistic works, software, know-how and databases

has become an essential requirement, not only for large companies, but also, if not especially, for start-ups. This is where Aiternalex comes in, which, thanks to its multidisciplinary approach, contaminated by the presence of technical as well as legal experts, assists its clients in the process of developing and exploiting their intellectual creations throughout their entire life cycle.

Trade Mark registration and portfolio management

The main function of a trade mark is to give credibility to the product or service you want to market, informing the public of its origin.  Registering a trade mark means securing an exclusive right to the brand and, therefore, preventing its use by anyone who has not requested prior authorisation.

However, not all trade marks can be registered, some because they are already registered, others because they are not sufficiently distinctive or because they are contrary to legal rules. As a result, without a proper trade mark feasibility study, coupled with a thorough knowledge of national and international regulations, one risks having one’s application for registration refused or opposed.

That is why Aiternalex professionals take a strategic approach to trade mark protection, following their clients from the design phase through to the management and exploitation of their national and international trade mark portfolios.

In this respect, Aiternalex provides support in the following activities:

  • Feasibility study, pre-registration searching and legal reports;
  • Filing of national, Community and international trade marks;
  • Licensing;
  • Trademark Transfer Agreements

Trade mark registration is the first step in protecting a brand, but it is certainly not the last. Ensuring that the rights attached to the use of the trade mark are respected requires continuous monitoring using special techniques aimed at protecting every aspect of the trade mark.

Surveillance of the brand’s presence on the network allows the brand owner to become aware of activities that could damage its brand reputation, such as in cases of registration of identical or similar brands by non-owners or in cases of counterfeit conduct.

Thanks to our approach, which blends legal knowledge with high-tech tools, we enable our clients to take prompt action to protect their trade marks, both administratively, by filing oppositions, and extrajudicially and judicially, by sending cease-and-desist letters or serving court documents.

Surveillance

Legal Protection

Aiternalex has extensive experience in the legal protection of intellectual property and advises on the most appropriate techniques and strategies to protect it.

In addition to registering trade marks, Aiternalex assists its clients through preventive protection strategies, such as arranging confidentiality agreements on industrial know-how or registering artistic works with collecting societies; but also ex-post, through legal action before the competent authorities.

Aiternalex also deals with the recovery of domain names unduly registered by third parties through legal actions and out-of-court settlements.