TRADEMARK VALIDITY ASSESSMENT

Before filing your trademark, we conduct a verification aimed at assessing for the presence of inherent impediments in the trademark name (absolute impediments for descriptiveness or deceptiveness):

• DESCRIPTIVENESS: in the case of a trademark consisting exclusively of the generic name of the product or descriptive indications of the characteristics of the product. For example: the trademark “chair” to distinguish chairs or the trademark “wood” for wood products, or even “comfortable” for a chair.
• DECEPTIVENESS: if the trade mark is susceptible to deceive the public with regard to the characteristics of the product. Deceptive trademarks raise expectations in the public that they do not meet. Examples of deceptive trademarks: “cotonelle” for cotton-free toilet paper, “dolomiti (dolomites) butter” for butter produced in Rome.

After carrying out a preliminary registrability assessment (absolute impediments), it is necessary to verify the relative impediments or the existence of any prior third-party rights.