Intellectual property

MOSAIK assists companies throughout the life of their trademarks: strategy, filing, enforcement and exploitation, in France and internationally.

Checking before filing

A trademark filing is only worthwhile if the sign is available (it does not conflict with third-party rights), distinctive (it does more than describe the product) and lawful. Yet the earlier rights that may stand in the way of your project are numerous: identical or similar registered trademarks, well-known marks, trade names and company names in use, copyrights, designs, names of public entities.

The firm conducts a clearance search in the relevant territory and analyzes the results: likelihood of phonetic, visual or conceptual confusion. Before spending anything, you know whether your project can succeed and what risks you are taking.

Building the filing strategy

A successful filing is prepared by answering a few structuring questions: what type of mark should be filed (word, figurative, semi-figurative)? For which goods and services? In which territories? With what budget? Is the mark intended to generate royalties?

MOSAIK then drafts the specification of goods and services so as to maximize your protection: a trademark is only protected for what appears in its registration. The firm files before the INPI (the French trademark office) for France, the EUIPO for the European Union or WIPO for international filings.

Defending the filing and watching the mark

Even a well-prepared filing can draw objections from the INPI or an opposition from a third party. MOSAIK represents you in these proceedings: responses to office actions and briefs in reply to oppositions, before the INPI, the EUIPO and the courts specializing in intellectual property.

Once the trademark is registered, the firm sets up watch services to detect filings and uses of similar signs, and takes action as soon as an encroachment is detected: formal demand letter, opposition, infringement action.

Exploiting and monetizing your portfolio

A registered trademark becomes an asset to be managed and monetized. MOSAIK drafts and negotiates the agreements that govern its exploitation: license agreements, assignments, co-ownership agreements, coexistence agreements, security interests. The firm records these agreements with the competent offices to make them enforceable against third parties, and assists you in managing your portfolio internationally, working with its Hong Kong and Mexico City offices.

Frequently asked questions

Can I file my trademark myself?

Filing online is easy; the risk lies elsewhere. Without a serious clearance search and a well-drafted specification, you may file a mark that is unavailable or poorly protected, and official fees are not refunded if an opposition succeeds. Working with a lawyer secures both the filing and the strategy around it.

Is my trademark protected worldwide?

No. A trademark is protected in the territory for which it is registered: France (INPI), the European Union (EUIPO) or the countries designated through WIPO. Your filing strategy should follow your commercial strategy, market by market.

What should I do if a competitor uses a sign similar to mine?

You must act, or risk seeing your trademark weakened: a formal demand letter, an opposition if the sign was recently filed, or an infringement action before the specialized courts. A trademark watch service detects these encroachments in time.