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Efficiency and quality are key drivers of the Schoenherr ip trademark and design management practice. A notably sized and experienced team of trademark & design specialists handle matters in close collaboration with Schoenherr ip partners, attorneys and associates. The team is responsible for worldwide trademark and design portfolios of national and international clients and represents in front of national and international ip offices and courts.
Each trademark & design specialist handles trademark applications, renewals and recordals and has additionally specialized in related matters, eg design applications and maintenance, trademark oppositions and cancellation actions, trademark filing strategies, coordination of worldwide trademark portfolios, as well as building and auditing trademark and design portfolios.
The team is integrated into the firm's renown ip & unfair competition team, ensuring seamless one-stop-shop service on the full range of ip enforcement and strategy advice. Furthermore, being embedded in a full-service environment, allows the team to cover related issues linked to other practice areas quickly and efficiently.
What do you need for a design application in Austria?
Designating designs
As we already noted in our blog article of 19 March 2024 (link), intellectual property covers more than "just" trademarks. A design is particularly recommendable if the external appearance of a product or part of it is to be protected.
Moldova: New Trademarks Act in force as of 2027
The Moldovan Parliament adopted the new Law on Trademarks No. 25 of 15 February 2024 (the "New Trademarks Act"). The law was published in the Moldovan Official Gazette on 2 April 2024 and will enter into force on 2 April 2027. It is envisaged that the New Trademarks Act will eliminate the discrepancies with the EU aquis in this respect. Accordingly, the law transposes Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trademarks, and, partially, Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trademark.
Of trademarks, designs and other IP rights
When developing or refining a product, including its branding, a lot of time and money are invested in creating something unique that customers will need and love. To protect this financial and creative investment, legislators have decided to grant certain monopoly rights or intellectual property (IP) rights. So, how do you determine the appropriate type of protection for your product? In our blog (link) we have mainly discussed trademark protection. But trademark law is broader than you might expect. Besides the "name" of a product, other features such as the shape, the colouring or a sound can be protected as long as they are recognised as an indication of origin and no absolute ground for refusal, like the technical functionality of the feature, applies. Still, trademark law "merely" protects indications of origin. Fortunately, there are also other IP rights that should be considered as part of a protection strategy.
Meet our team trademark & design management team consisting of ip lawyers and specialists.