Brand rights include the official names of companies, i.e. trade names and auxiliary trade names; along with the commercial symbols of products and services, i.e. trademarks, website addresses, i.e. domain names, the design of products or packaging, i.e. design rights, and content, i.e. copyright. We advise, assist, and represent our clients in all matters relating to brand rights.
Developing a brand rights strategy
We help create a brand rights strategy that is a comprehensive plan tailored to the company's resources for managing its brand rights. Simply put, a brand rights strategy refers to the systematic management of brand rights, where all actions related to protecting, enforcement, maintaining, developing, using, and leveraging brand rights are based on the devised strategy. Read more about developing a brand rights strategy >>
Brand rights analysis for start-ups
It is crucial for a startup to analyze the elements of its own brand as early as possible to identify the most commercially promising brand elements and acquire exclusive rights to them, in line with the resources available. We offer startups complimentary brand rights and trademark analyses, along with complimentary recommendations for their next steps.
Brand rights audits
As a company launches or expands its operations, it is vital to regularly assess all brand elements, both protected (registered) and unprotected (unregistered), that are utilized. Regular brand rights audits ensure that exclusive rights have been acquired for all commercially important brand elements and, on the other hand, identify areas where additional investment may not be needed. We conduct audits of trademarks and other brand rights for large and medium-sized companies and give action recommendations.
Strategies for brand protection
There are several different options available for companies to register trademarks. We advise companies on the global protection of new and existing trademarks and other brand rights. We assist our clients in choosing the most suitable, most effective, and cost-efficient registration methods and channels for the different elements of their brand.
Preliminary searches on brand rights: trademarks and design rights
A brand element may be ineligible for protection (registration) and/or its use may infringe upon someone else's prior brand rights. We conduct worldwide preliminary searches on brand elements to ensure registrability and the right to use them in the target market. Read more about preliminary searches on trademarks and design rights >>
Registration of brand rights: trademarks, domain names, design rights, copyrights
In principle, exclusive rights to brand elements are acquired through registrations. We manage the registration processes of trademarks, domain names, design rights and copyrights in selected countries worldwide, from application to registration. We choose a suitable registration channel and prepare the application in such a way that it provides the widest possible scope of protection for the brand right in question. Upon successful registration, we maintain the registration, record necessary changes and ensure timely renewals in alignment with the brand rights strategy.
Brand rights portfolio management
We represent and manage small, medium and large portfolios of brand rights in the role of an attorney. We take care of the registrations, make changes to them if necessary and take care of their timely renewals in accordance with the company’s brand rights strategy. Additionally, our clients can benefit from access to our KP Legal Landscape service, providing them with real-time status data of their entire brand right portfolio easily, anytime and anywhere. Read more about the KP LegalLandscape service >>
Utilizing brand rights and other intellectual property rights
Brand rights can be utilized commercially in contractual relationships in many ways. We draw up license, transfer and purchase agreements for technology, trademarks, design rights and copyrights. Read more about contracts >>
Monitoring competitors
Competitors or other parties may intentionally or unintentionally use or apply for registration the same or similar brand element (such as a trademark, design, or domain name) to which another company already has a previous right. We actively monitor such situations on behalf of our clients worldwide. Read more about competitor monitoring >>
Defending brand rights
We help to oppose and remove from the market competitors' new confusing trademarks worldwide if they pose a likelihood of confusion. Additionally, we assist in settlement negotiations and litigation of disputes related to trademarks, company names, design rights, domain names and copyrights. We represent brand owners in custom seizures of counterfeit products and help remove counterfeits from the market. Read more about our services in infringement matters >>
Expert opinions of scope of protection and infringement of brand rights
We offer evaluations of the scope of protection and potential infringement of trademarks, trade names, design rights, domain names, and copyrights. These expert opinions help determine whether the client holds prior brand rights and assess the chances of success in potential disputes before taking any further action or responding to an infringement claim from a counterparty.
Trademark usage guidelines
We advise on the proper and correct use of trademarks, so that the registered rights remain as strong as possible and are not weakened because of improper use. Read more about trademark usage guidelines >>
Training on brand rights
We train company managers, employees, and start-up entrepreneurs on how to protect, monitor, enforce, develop, commercialize, and properly use trademarks to increase the value of brand rights and prevent challenges.
Due diligence of brand rights
We conduct due diligence analyses of trademarks, company names, domain names, design rights and copyrights related to mergers, acquisitions, and sales. Brand rights due diligence is a comprehensive analysis of brand rights and is carried out before a proposed transaction or merger. The due diligence report offers our clients a detailed understanding of the brand's legal status and level of protection, as well as potential risks.
Read more about brand rights in our blog series:
Brand elements into brand rights [Part 1 of Brand Rights]
Brand rights into brand value [Part 2 of Brand Rights]
Company name is not sufficient brand protection in international markets [Part 3 of Brand Rights]
Trademark is the core of brand rights [Part 4 of Brand Rights]
Protecting your trademark through registration [Part 5 of Brand Rights]
What does trademark distinctiveness mean and why is it important? [Part 6 of Brand Rights]
Register your trademark – don't rely on establishment [Part 7 of Brand Rights]