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IP PROTECTION

You have a unique brand, have developed a disruptive technology or perhaps you came up with a breakthrough business idea. How do you protect them? How do you ensure that you and only you, are the one receiving the benefits of what you have created?

Whether you are an inventor, an entrepreneur or an established company, Krogger can provide the right advice to protect your intellectual property worldwide.

Today more than ever, intellectual capital rights are one of the most valuable assets your company can have. They enable your business to build those competitive advantages that give raise to strong profitability and ultimately determine your venture's sustainability.

Having an effective protection strategy for such a critical asset is paramount. It requires solid legal advice, a keen commercial sense and a full understanding of you and your business - all key components of Krogger's IP Protection Service.

Our IP Protection Service focuses on three areas: Copyright, Trademark Protection and Industrial Design Protection.

Copyright

The Krogger IP Protection team specialises in legal advice for the protection of technological developments (software, websites, apps, etc.) across geographies and industries and regardless of the device used for their execution. We have worked with many entrepreneurs and established companies, in the design and implementation of the right legal strategy to protect this type of creations, from mobile apps and other web 2.0 developments, to PC software and larger IT systems. We are also experts in the preparation and negotiation of license agreements as well as IP and rights transfer contracts, which are increasingly common in the context of international ventures looking for accelerated growth.

In addition, Krogger's Copyright Services cover the protection of all other intellectual property such as music, literature and audiovisual creations, which, as in the case of technological developments, have protection rights from the moment they are created. Still, in such a global marketplace, enforcing your rights could be very difficult. Proving the authorship and evidencing the originality of your creations, particularly when there is a conflict with third parties, can easily become a minefield. At Krogger we have the experience, business acumen and international reach to help you navigate these challenges.

Trademark Protection

Registering a trademark gives you, the owner, the exclusive right to use such distinctive mark (name, logo or a mix of both) to offer your products or services in a specific territory. This right prevents unauthorised people to use your trademark to commercialise similar products or services and allows you to take legal action against infringement of your registered marks or brand names.

The trademark registration process varies across geographies, but more and more countries follow the guidelines established by the World Intellectual Property Organisation ("WIPO"), which is the United Nations agency dedicated to the use and protection of intellectual property around the world. In addition, the WIPO administers the Madrid System, which provides a route for the international registration of marks in multiple countries.

At Krogger, we have significant experience working on trademark protection engagements globally. We are not only very knowledgeable about the WIPO and Madrid System processes; we also offer the same expertise in practically all jurisdictions around the world. Specifically, our trademark services include:

Feasibility Evaluation - Not all trademarks can be registered and many more are submitted with inherent weaknesses that drastically reduce their chances of being accepted as registered trademarks or are easily challenged by third parties. At Krogger we can help you determine what the probability of your application being successful is, as well as provide you with our legal opinion on the best protection strategy applicable to your company. We of course, also take care of the appropriate registrations with the relevant IP organisation.

Trademark Defense - Once your trademark has been registered is not free from potential threats. Third parties can always register similar or competing marks that could undermine your commercial objectives and in turn hit your profitability and market share. This is a rather pervasive trend, particularly affecting international organisations and those managing a large number of brands. Krogger's Trademark Defense Service gives you peace of mind with regards to protecting your trademarks. We research, analyse and provide our legal opinion about names, brands, logos and other distinct marks submitted for application around the world. If we find a potential threat, we help you design and implement an adequate legal defense strategy to protect your trademarks.

Trademark Renewal - Is easy (and very costly) to forget when your trademark registration is up for renewal. Leave it to us. We can manage the full registration and renewal process for you. Always on time.

Domain Name Conflict Resolution - Misleading and fraudulent domain names that look to profit from legitimate trademarks is more common than you think. Surely you have landed on a web-page that is clearly designed to benefit from the confusion created by a misspelled or similar name of a legitimate company. If you are in this situation, and have been affected by domain names registered in bad faith, Krogger can advise you on the best legal route to stop them.  

Industrial Design Protection

An industrial design refers to the aesthetic dimension of a product, including shape, surface, color and patterns. It defines what makes such product recognisable and attractive to potential consumers. If you have developed a new and original design, you can protect it. As in the case of trademarks, registered industrial designs are for the exclusive use of its owner in the selected geographies and prevent unauthorised third parties from improperly using them. 

Krogger's Industrial Design Protection includes feasibility evaluation, defense and renewal services.