The protection of a trademark depends on the applicable regulations and the interpretation made by the courts.

Resolutions can specify how the resemblance between signs is compared, what relationship exists between products or services and when the public can attribute the same business origin to them.

These criteria have repercussions on specific decisions: choosing a name, presenting an opposition, evaluating a coexistence agreement or keeping commercial documentation to prove the use and reputation of a sign. Therefore, knowing the jurisprudential changes helps to avoid strategies based on criteria that have been outdated.

For a company, the usefulness of these meetings does not consist of accumulating judicial references, but in understanding what consequences they have for their activity. A novelty on proof of use can advise you to review the invoice file; Another about designs may affect how you document a release.

The legal update must translate into recommendations provided to the sector, the budget and the client’s markets. It also allows us to distinguish between a resolution referring to very particular circumstances and a criterion that can guide other files.

At Premark we follow the evolution of the practice of the offices and the courts to integrate that knowledge in the daily management of brands and designs. A well-advised portfolio needs follow-up throughout its life, from the request to its eventual defense.