The Trademark Protection Assistant automatically evaluates the likelihood of success in opposition proceedings. Using powerful logic, the tool considers the type, similarity and audience of an existing trademark against an opposing trademark in order to make an assessment. The assessor produces a bespoke report with legal information relevant to a potential opposition filing. If the assessor determines that an opposition filing has a high likelihood of success, it generates a cease and desist letter containing relevant information to send to the infringer.
The open architecture of the tool allows the cease and desist letter to be configured to meet the requirements of the mark owner. The assessor has been designed to fit the regulatory framework of the European Intellectual Property Office (IPO).

Background

In the European Intellectual Property Regime, the continued protection of trade mark requires the successful opposition to filings of similar marks. For companies with a large trade mark portfolio, this means considering several 100s of filings each month. In-house legal and brand protection teams may not have sufficient capacity to accurately consider each opposition.

With BRYTER, law firms and in-house departments can build an automated trade mark opposition filings assessor. The assessor has the benefit of offering a guided process for junior and non-legal staff to make accurate trade mark opposition assessments, significantly increasing workflow capacity. The tool’s evaluation capabilities give the user an overview of the likelihood of successful opposition for each mark opposed. Throughout the process, the tool includes key legislation explainers and automatic links to mark-specific content from the EUIPO. As a final output, the user receives a full report and all inputs and results are captured within the tool’s own analytics dashboard. Due to the open architecture of the BRYTER platform, the tool’s modular logic can easily be tailored to specific the company’s review requirements. 

Benefits

Automated & Standardized

The Trademark Protection Assistant allows companies to assess high volumes of potential oppositions through a standardized process. This ensures a consistent approach and documentation.

Faster Execution

The Trademark Protection Assistant allows for faster assessments and responses to minimize risks. The tool is available 24/7 and streamlines an otherwise time-consuming and manual review process.

Centralized Audit Trail

As part of the tool, the results of the risk assessment are tracked and documented in a centralized audit trail. This allows users to document all identified risks for further processing.

Integrated

The Trademark Protection Assistant can easily be integrated into an existing IT infrastructure so that results can be written back into existing databases and analytics tools.

Highly Customizable

As every application built on BRYTER is customizable, the Trade Mark Protection Assistant can accommodate a company’s unique review requirements and contract types.

How it works

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Go through Q&A

Through a customizable and user friendly questionnaire, all relevant information regarding mark info, opposition mark information and similarity is collected. The inputs then determine which logic is applied to provide an assessment.

Receive assessment

The tool generates a full assessment report including relevant legal information. As the tool is used, a full audit trail is maintained to document and provide proof of any assessments and their results.

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Keep up-to-date

The open architecture of the BRYTER platform allows the application to be updated continuously in the background ensuring that the results are always in-line with EUIPO processes and EUTM legislation.