Designs & Trademarks : Examples of research
PAPERZ IP conducts multi-media research in its archives (books, magazines, commercial catalogs…), in museums, on the Internet, in IP registers, and other external databases.
We are frequently asked to conduct research in the following cases.
Here, we will use the general term “design” to refer to both the aesthetic aspect of products (jewelry, bags, furniture, food products, appliances, toys, dishes, patterns…) as well as packaging, communication campaigns, photographs, architectural elements…
We look for the information wherever we can find it.
Preventive
A company has identified a competitor’s design that could be problematic because it is similar to the design it wishes to launch…
—> Paperz IP helps the company understand what are the original characteristics (and combinations of characteristics) specific to this brand’s design, in order to better assess the risks, and eventually modify its own design accordingly.
A company has identified a competitor marketing a design very similar to its own, but it does not know which of the two launched it first…
—> Paperz IP helps to date this design, thus avoiding setbacks in the event of future litigation…
The design or purchasing department has identified an inspiring design at a flea market or at a trade show, but does not know which brand it is, is it a well-known brand ?
—> Paperz IP helps identify the brand or designer of the design in question in order to better assess the risks.
A company has created a design, but before launching it, it wants to ensure that there isn’t already another similar design that could be claimed… Or a company wishes to take action against another company marketing a design similar to its own, but before doing so, it wants to be sure that its own design was indeed original at the date of its creation…
—> Paperz IP initiates a prior art search to identify any potentially identical or similar older designs.
A company wishes to launch a communication campaign based on a specific message, but has some doubts about the accuracy of the information…
—> Paperz IP can conduct research to verify the information, with evidence to support it.
Litigation
A company is being sued for infringement of a design; it must defend itself by proving that the claimed design does not possess a distinctive character…
—> Paperz IP initiates a prior art search to find identical or similar designs before the claimed date.
A company is being sued for infringement of a design, and wishes to prove that this design was not new at the date of filing…
—> Paperz IP initiates a search to find publications of this design more than 12 months before its filing.
A competitor accuses a company of unfair competition regarding a design, and the company wishes to prove that it did not follow in the competitor’s footsteps, but simply aligned with the trend…
—> Paperz IP can conduct a current market analysis to prove that there are many similar designs and product ranges on the market…
A company accused of copying a design receives unclear claims and wishes to know how long the claimed design has existed and how it has evolved over time…
—> Paperz IP can conduct research to date a design and carry out a study on its evolution over time.
Verbal, figurative, three-dimensional, color, and position trademarks…
We conduct multi-media documentary research, for example in magazines from all over the world, but do not perform availability searches in the “trademarks” IP registers.
PREVENTIVE
A company wishes to launch a new logo but fears that there might already exist a similar logo or pattern that could be claimed under copyright law…
—> Paperz IP initiates a prior art search to identify any potentially identical or similar current or older motifs or logos.
A company wishes to use a new headline but fears that a similar headline is already being used by another company that could accuse it of unfair competition…
—> Paperz IP initiates a search to identify any potentially identical or similar, current or older headlines within a specific industry and territory.
Litigation
A company is being sued by a designer who claims copyright on a logo, and it wishes to prove that this logo does not have a distinctive character…
—> Paperz IP initiates a prior art search to find identical or similar patterns before the claimed date.
A company wishes to oppose the registration of a trademark (verbal, figurative, three-dimensional, color, position) for lack of distinctiveness…
—> Paperz IP can conduct documentary research to prove that a term or combination of words was common, that a sign, shape, color, or position was usual in a specific industry and territory…
In the context of launching a new design, a company faces opposition from a three-dimensional trademark, and it wishes to defend itself by finding similar previous designs…
—> Paperz IP initiates a prior art search to demonstrate that the shape registered as a trademark was common at the date of filing…
A company wants to use a trademark already registered by another business because this trademark appears to no longer be in use; however, it would like to verify this before initiating its action for revocation…
—> Paperz IP can conduct a use investigation through documentary research…
IP OFFICES
A company needs to prove that its verbal, figurative, or three-dimensional trademark is distinctive, prior to its registration before an IP office…
—> Paperz IP can conduct a market study impartially, to then be able to submit this report to the IP office.
A company must provide evidence that its design is well-known in the context of an application for a three-dimensional trademark registration…
—> Paperz IP can gather press publications and other documentary evidence to demonstrate that its design is widely known and recognized.
A company must provide evidence that its trademark has acquired distinctive character through use in the context of a registration application…
—> Paperz IP can gather press publications and other documentary evidence to demonstrate that its trademark has had numerous publications.
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