Food and wine industry
Wine and spirits trademarks and more globally agri-food trademarks are subject primarily to trademark Law but also to specific French and European legal provisions.
In that respect, cultural characteristics and specificities have to be taken into account. Wine and spirits trademarks are submitted to specific conditions of validity (regulations on traditional terms, conflicts with geographical indications …).
Thanks to our expertise in the wine and spirits field as well as in the food sector, we provide our clients customized services adapted to their business activity.
Trademark portfolio management
Some services we are offering to our clients for portfolio management are :
- - trademark clearance searches / legal opinions on the availability of trademarks dedicated to the food industry (availability to use quality signs/labels, traditional terms …)
- - French, Community and Madrid system trademark applications
- - responses to objections to registration
- - computerized management of filings and renewals
- - watch services for trademarks and company names
- - recordals of assignments and licenses
We conduct trademark opposition procedures :
- - before the French National Trademark Office (INPI) with respect to French trade marks,
- - before the EUIPO in Alicante with respect to European Union trademarks.
Our dedicated team intervenes on opposition on the grounds of an designation of origin or on a geographical indication.
We negotiate coexistence agreements and settlements during the cooling off period of the trademark opposition procedure before the EUIPO.
During the contentious phase, we develop detailed legal arguments based on case law of the European Court of Justice.
We handle appeals before the EUIPO Boards of Appeals.
If necessary, we take the case :
- - before the Court of First Instance in Luxembourg, and
- - on appeal before the European Court of Justice,
Our presence in Alicante, near the European Union trademark Office, allows us to :
- - thoroughly understand and master the trademark oppositions jurisprudence
- - know personally many of the EUIPO examiners and members of the Boards of Appeal.
We monitor trademarks in France, Europe and throughout the world.
Our monitoring reports include detailed advices on the possibilities and opportunities for oppositions and other legal and administrative actions.
Trademark & Company Name searches
We provide :
- - searches among identical or partly identical marks,
- - searches among similar marks.
With all search results, we include :
- - a detailed legal opinion on the risks of the planned project and the possibility of successfully registering the mark,
- - if necessary we negotiate with third-party owners of prior rights in order to conclude coexistence agreements permitting the unrestricted use of the mark in the future.