We write expert opinions that are used as evidence in trademark disputes
Trademark disputes arise when companies register new trademarks or use unregistered trademarks. European Union Intellectual Property Office (EUIPO) recommends a three-fold analysis of trademarks: visual, phonetic and conceptual. Patent offices usually consider absolute and relative criteria while approving or refusing on an official trademark registration. We assist trademark owners, lawyers and trademark attorneys in these disputes by providing a semiotic expert opinion of the trademarks challenged.
What is the semiotic expert opinion composed of, how is it done and why should one decide to purchase it? What are the components of a semiotic expert opinion? How is it done? And why should one pay for it? Semiotic expert opinions are built on the scientific theories of Charles Sanders Peirce and Ferdinand de Saussure and on the studies of experimental psyhology, culture studies and linguistics.
Semiotic expert opinions can be used as supporting material in product design disputes.
CONTENT
- Expert embarks with the question that is posed to him.
- Expert analyses the question and answers to it.
- The answer is based on the methods of semiotics and criteria stated in EUIPO guidelines and Patent Office regulations.
PROCEDURE
- Two trademarks seem confusingly similar or the refusal of the Patent office seems to be ungrounded.
- Trademark owner turns to their legal adviser or trademark attorney.
- Legal adviser or trademark attorney requests an expert opinion from a semiotician.
- Semiotician specializing in trademark disputes compiles an expert opinion.
- Semiotician explains his findings to the legal adviser or trademark attorney.
- Expert opinion is given to the court of law, Patent office of other dispute parties.
ADVANTAGES
- No surveys are needed. Semiotic analyses of trademarks are structural and context independent in the sense that they only consider features which are common to all sign users.
- One expert is enough. Semiotic sign models systematically gather EUIPO parameters and Patent office criteria into one analysis. A single semiotician specializing in trademark disputes can write the entire expert opinion.
- Focus on relevant aspects. Semiotics is able to explain the nature and relations between the aforementioned parameters (for instance cases where the conceptual aspect dominates the other parameters).
- Reverse engineering. As semiotics is used for brand creation, semiotics is also well suited to analyze brands.
Our team consists of renowned experts, who are competent and experienced in the field of semiotic analyses of trademarks.