Evidence of use and notoriety

In the long and varied life of a Trademark, understood as industrial property right in force in a particular country, it is not uncommon for the Brand Owner, to have to prove the continuous use of the same for the market areas for which it is registered under penalty of forfeiture of their right.

It is equally practical, the possibility for the holder of a later trademark – identical or similar to another previously registered one- to have to demonstrate the knowledge and the tolerance of that sign by the holder of the earlier trademark, in order to prevent the application for registration of invalidity of the later mark. And yet, for the ”famous” Brands it is often necessary, to document their “notoriety” or “reputation” in order to obtain “extended trademark protection” which allows the owner of the Brand to prevent third parties not only from the use of the symbol, or a similar one, in reference to the products or services specified in the application for registration, but also the ones which are not similar.

In these and other similar situations, the methodologies and the solutions of “internet brand intelligence” of Convey are able to generate, in a short time, analysis reports on the status of these distinctive signs in the “virtual” world, a context now considered – even in court – of fundamental  importance.

The evidence of use or pre-use and the typical indicators of goodwill or reputation of a trademark are researched through all the channels of the Network and are organized and properly documented in a dossier, often in a collaboration with the Industrial Property Consultants or the Legal Consultants that accompany the trademark holder.