PAPERZ IP provides services prior to the launch of a design or in the context of a dispute.
Upon receipt of your request, we analyse the design’s characteristics, style, context and any claimed date. Based on these elements, we develop a tailored documentary search strategy.
To give you an idea of the types of design searches we carry out, here are a few examples.
DISPUTE
Prior art searchin the context of litigation
Your company is being accused of counterfeiting a design. You want to prove that the design in question lacks individual character or was not new at the filing date?
Or perhaps
Your company wishes to take legal action against another company that is selling a design similar to yours. But first, you want to make sure that your design was indeed original on the date of its creation
Paperz IP carries out a prior art search to find similar or identical designs prior to the claimed date, or publications of that design more than 12 months before its registration.
Would you like to find out more about this type of research?
Current market situation
A competitor is accusing your company of unfair competition regarding a particular design. You want to prove that you haven’t copied your competitor, but are simply following the trend?
Paperz IP provides a current market situation to demonstrate that there are many similar designs on the market.
Design Dating
Your company is accused of copyright infringement. However, you have received unclear claims and would like to know how long the design in question has existed and how it has evolved over time?
Paperz IP conducts research to date a design and analyse its evolution over time (shapes, proportions, materials, colours, etc.).
PREVENTIVE
Identifying the distinctivecharacteristics of a design
Your company is about to launch a new design on the market, but you’ve spotted a similar design used by a competitor?
Paperz IP helps you identify which distinctive characteristics — and combinations of characteristics — are original or specific to your design, so that you can better assess the risks and adjust your design accordingly.
Identification of a designer
Your design or purchasing department has spotted an inspiring piece at a flea market or trade fair, but isn’t sure which brand it belongs to? What if it turns out to be a well-known brand?
Paperz IP helps you identify the brand or designer behind the piece in question so that you can better assess the risks.
Prior art search for preventive purposes
Your company has created a design, but before launching it, you want to check that there isn’t already a similar design that could be claimed?
Paperz IP carries out a prior art search to identify any similar, earlier designs.
Checking information
Your company is looking to launch a communications campaign based on a specific message, but has some doubts about the accuracy of the information?
Paperz IP can carry out research to check the information, backed up by evidence.
PAPERZ IP provides services in a preventative context, in the case of litigation, or in proceedings before an IP office. Upon receipt of your request, we analyse the characteristics of your trademark, slogan, typography or logo, as well as the context, territory and time period to be covered, in order to propose a documentary search strategy.
To give you an idea of the types of trademark searches we carry out, here are a few examples below.
DISPUTE
Proof of use
Your company is facing a trademark cancellation action on the grounds of non-use; you need to prove that the trademark has indeed been used?
Paperz IP conducts a use investigation through documentary research.
Would you like to find out more about this type of research?
Evidence of reputation
Your company is planning to take legal action against a business that has registered the same distinctive sign for different products or services? You need to prove your trademark’s reputation so that it can benefit from extended protection?
PAPERZ IP can help you gather documentary evidence from publications in the daily and economic press, specialized magazines, the internet, etc., to demonstrate that your trademark is widely known and recognised.
Proof of lack of distinctiveness
Your company is seeking to cancel a trademark (word mark, figurative, three-dimensional, colour or positional) on the grounds of lack of distinctiveness?
Paperz IP conducts documentary searches to prove that a term or combination of words was in common use or that a sign, a shape, a colour or a position was commonplace within a particular sector of activity and in a specific territory.
Prior art on a logo, a slogan or a 3D trademark
Your company is being sued by a designer who claims copyright over a logo, a slogan or a 3D trademark. You want to prove that the logo, slogan or 3D trademark in question is not original?
Paperz IP will conduct a prior art search to identify identical or similar logos, slogans or designs that existed prior to the claimed date.
PREVENTIVE
Prior art researchon a logo, a slogan or a 3D trademark
Your company is planning to launch a new logo, a slogan or a 3D trademark. But you are worried that a similar logo, design or slogan might already exist and could be claimed under copyright law? Or are you concerned about being accused of unfair competition?
Paperz IP conducts a prior art search and reviews the current market state to identify any similar slogans, logos and designs — whether current or older—within a specific industry and geographical area.
IP OFFICES
Proof of acquired distinctiveness through use
Your company must demonstrate that your word, figurative or three-dimensional trademark has acquired distinctiveness before registering it with an IP office.
Paperz IP can gather documentary evidence from publications in the daily and economic press, specialist magazines, on the internet, etc., to demonstrate that your trademark has been widely published.
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