At Duran Haeussler we provide professional and customer-oriented advice to our clients so that they can make the choices than best reflect their needs in intellectual property strategy protection.

DURAN HAEUSSLER

“Make the brand experience exceed the brand perception”

Stan Rapp

Distinctive signs

In any business strategy businessmen or entrepreneurs must give priority to distinguish themselves from their competitors and also distinguish their products or services from those of others. This is achieved through the appropriate protection of the so-called distinctive signs: on the one hand the trade name, which identifies a company business name and, on the other hand, the trademark, which identifies the goods or services of one party from those of another. In Spain and in many other countries, registration of distinctive signs confers on its holder the exclusive right to use them in the course of trade and to prevent any third party from using it for goods or services identical or similar to those.

Currently, it is possible to file national, regional and international applications before the corresponding competent bodies, of trademarks and of trade names in those countries that, such as Spain, accept this kind of registration. On a territorial basis, trademarks may be registered nationally at the national trademark office such as the Spanish Patent and Trade Mark Office (OEPM). Regionally, the effects of a registered trademark shall extend to the whole territory that conforms such region, such is the case of Community trademark, administered by the Office for Harmonization in the Internal Market (OHIM) and protected throughout the whole territory of the European Union (currently 28 member states). Finally, an international trademark protects those member states designated by the applicant and granted at the national or regional offices and it is managed by the World Intellectual Property Organization (WIPO).

At Duran Haeussler we provide, among others, the following services:

  • Clearance trademark searches.
  • Filing and prosecuting of national, Community and international trademark applications and trade name applications, renewals.
  • Maintenance and world-wide, regional and national surveillance of trademark portfolios.
  • Administrative proceedings related to suspensions, oppositions, third-party observations or appeals.
  • Assessment and recordal of assignments, changes of name and licenses.
  • Distinctive signs portfolio management.
  • General queries.

“If I’d asked people what they wanted, they would have asked for a better horse"

Henry Ford

Inventions

Innovation is the foundation stone of prosperity and of success. Innovation is a process that transforms new ideas into products or into new or improved operational processes. Both the process and the resulting competitive advantage deserve protection that may be achieved by means of a patent or through careful unregistered protection as a trade secret.

Patents are valuable tools for their holder and for society. In return for the disclosure of the invention the inventor is given temporary protection over his competitive advantage with exclusive rights to prevent third parties from commercially using the patented invention. This contribution and dissemination contribution generate new knowledge that foster innovation and progress in science and technology.

On the other hand, trade secrets may concern inventions that fail to meet all the requirements for patentability legally established or it may concern inventions that, despite satisfying said criteria, his holder decides to keep as trade secrets. This choice has some advantages such as no registration costs, immediate effects or lack of time limit protection. However, there are also some disadvantages: trade secrets do not provide exclusive rights in terms of excluding third parties from making commercial use of it, once that it is disclosed it falls in the public domain and anyone can use it or, it can be patented by someone that develops the same by legitimate means.

Currently and on a territorial basis, an invention may qualify for registered protection through three possible filing applications:

  • national patents and utility models, in those countries that regulate this modality of protection, filed before national offices such as the Spanish Patent and Trade Mark Office (OEPM);
  • regional patents, such as European patents that are processed by the European Patent Office (EPO) and cover all designated contracting States of the European Patent Convention, giving rise, after grant, to a bundle of national patents; and,
  • international patents,also known as PCT patents, administered by the World International Property Organization (WIPO) in order to streamline the initial filing process.

At Duran Haeussler we provide, among others, the following services:

  • Strategic patent counseling.
  • Filing and prosecution of patents and utility model applications nationally, of European patents applications (including validation), of international PCTs and of applications of patents of addition.
  • Surveillance, maintenance and payment of annuity fees.
  • Administrative proceedings related to suspensions, oppositions, third-party-observations or appeals.
  • Advice and filing a reply to state-of-the-art reports or to examination reports.
  • Patent validity studies and patent infringement studies.
  • Advice and preparation of changes of name, assignments and license agreements.
  • Technology surveillance.
  • Patent portfolio management.
  • General queries.

“Design is the silent ambassador of your brand”

Paul Brand

Designs

Design adds value to a product, increasing its competitiveness and strengthening the trademark behind. Consequently, a design used as a strategic resource becomes a benchmark in the market, not only for their users but also for competitors.

At present, designs may be registered as national designs, whose rights extend to the territory where protection is requested, as regional designs such as (European) Community designs, which grants the holder uniform protection with unitary effect throughout de entire territory of the Community and is managed by the Office for Harmonization in the Internal Market (OHIM) and, finally, as international designs by means of which a single international application filed with the World Intellectual Property Organization (WIPO) has the same effect in each of the designated countries as a national registration in each country.

However, the dynamics of some sectors derive in a large number of designs for products with short market life where obtaining such formal protection may not be worthwhile or useful. For this reason there exists the legal figure of unregistered design. Unregistered Community designs, for example, are protected for a period of three years from the date of disclosure of the design to the public within the territory of the European Union and it constitutes a right to prevent the commercial use throughout the European Union of the design only if such use is the results from copying.

At Duran Haeussler we provide, among others, the following services:

  • Preliminary searches
  • Analysis and strategies for registered or unregistered design protection.
  • Drafting design description and preparation of drawings/images.
  • Filing and prosecuting of national, Community and international designs.
  • Surveillance, payment reminders and payment of maintenance fees.
  • Administrative procedures as oppositions, office actions or appeals.
  • Assessment and recordal of assignments, changes of name and licenses.
  • Design portfolio management.
  • General queries.

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“I never dream when I’m asleep, but when I am awake”

Joan Miró

Copyright

Copyright and related rights

Copyright is related to literary, scientific and artistic works. Copyright does not protect ideas, although the way in which they are expressed may be. An efficient protection and promotion of Copyright contributes in promoting a country’s social, cultural and economic development, generates innovation and spurs economic growth. The rights resulting from Copyright reward the author and holder’s creativity.

A wide and diverse range of works in the fields of literature, science and art may be protected under Copyright laws, which include, among others:

  • Books, pamphlets and other writings
  • Dramatic or musical works
  • Musical compositions with or without words
  • Cinematographic works
  • Works of drawing, painting, architecture, sculpture, engraving and lithography
  • Photographic works
  • Translations, adaptations and other alterations of a literary or artistic work
  • Collections of literary or artistic works
  • Computer programs (software) and electronic data bases
  • Multimedia productions

Within the legal framework of copyright we may find author’s rights and related rights applicable to other categories of rights owners.

Author’s rights over original works exist from the moment the work is created in a fixed, tangible form of expression. Copyright protection includes moral rights (of personal character) and economic rights (of patrimonial character). In principle and with very few exceptions, works protected by copyright law cannot be used without authorization of the copyright owner. Registration is not mandatory for copyright protection. However, it is important to have a valid evidence in order to prove that said rights are registered and belong to the recorded proprietor as well to disclose the work by means of its registration.

Related rights protect the legal interests of certain persons and legal entities who contribute to making works available to the public or who produce creative subject matter that justify recognition of a copyright-like property right. Some beneficiaries of this kind of protection are performing and interpreting artists, phonograph producers and broadcasting organizations.

At Duran Haeussler we provide, among others, the following services:

  • Advice with regard to work protection and registration.
  • Assessment on strategies to protect all kinds of works.
  • Registration of works before the Intellectual Property Register.
  • Administrative and private procedures before the Intellectual Property Register and rights management bodies.
  • Drafting of agreements and documents to determine ownership of author’s rights.
  • Assessment and legal defense of copyright and related rights.
  • General queries.

“More connections to more devices means more vulnerabilities”

Marc Goodman

Internet and domain names

Internet evolves. The ease of access to digital platforms has quickly increased people and companies’ digital presence. There is also a mass expansion of Internet domain names. No doubt, this brings business opportunities but it also requires an additional effort to protect Intellectual Property rights which may lead to unfair competition or cybersquatting.

In this sense, it is important to build a global branding strategy that covers both the online and offline world.

A domain name must be part of a trademark protection strategy because denominations used as such usually refer to a business, a product, a service, an individual, etc. operating on the web. Accordingly, said denomination used in the course of trade is somehow being used as a trademark, automatically becoming an intangible asset for the proprietor that will invest time, money and energy. It is therefore necessary to adequately protect domain names, as they will strengthen trademarks and will also position them on the web.

The different situations that may arise in connection with domain names are, among others:

–       Earlier business name
–       Earlier trademark or trade name
–       Earlier domain name

Whereas each modality is governed by its particular national, community or international applicable law, disputes that arise between them will have to be settled before international arbitration bodies or before the court, in the light of the circumstances at the time.

At Duran Haeussler we provide, among others, the following services:

  • Registration, maintenance and renewal of domain names (including advising on eligibility).
  • Domain name ownership reports (whois – historical who was data).
  • Domain name portfolio management.
  • Mediation before domain-name dispute resolution bodies.
  • Handling of complaints according to the Domain-Name Dispute-Resolution Policy.
  • Trademark Clearinghouse – new gTLDs.
  • Assessment on legal obligations and legal protection of websites and on the adequacy of websites and blogs to the data protection and E-commerce legislation.
  • Social networks, use of third parties’ distinctive signs, use of copyrighted work, corporate reputation, etc.
  • Identity theft and trademark infringement in social networks.
  • Drafting and execution of license and other technology transfer agreements.


 

Uso de cookies

Utilizamos cookies de terceros que analizan de forma estadística el uso que hace de nuestra web para mejorar nuestros contenidos. Si continúa navegando, consideramos que acepta su uso. Puede cambiar la configuración u obtener más información en nuestro Aviso Legal.

Use of cookies

Our firm uses third party cookies which help us with the statistical analysis of traffic to our website in order to improve its content. If you continue to browse this website, this will be deemed an acceptance of their use. You can change the settings or obtain further information at our Terms of Use.

Utilització de cookies

Utilitzem cookies de tercers que analitzen de forma estadística l'ús que fa del nostre web per millorar els nostres continguts. Si continua navegant, entendrem que acepta el seu ús. Pot canviar la configuración o veure més informació en el nostre Avís Legal.

CERRAR