Should I proceed with trademark registration if my mark has a high chance of refusal?

Brands tend to evolve and undergo numerous changes over time. Many companies have changed their names to cater to a larger audience, either by altering their original logos for a more modern look or abandoning controversial words in their slogans. As the company expands beyond its planned offerings of goods and services or decides to take a different direction altogether, usually what follows are certain changes or even complete rebranding. A common question is then: can trademarks change over time? Well, it depends.

Based on our years of experience in trademark registration and brand protection services, we have compiled a brief guide for an optimal trademark strategy for emerging companies.

The Federal Supreme Court ruled that the gold-coloured foil-wrapped chocolate bunny from Lindt & Sprüngli can claim trademark protection against the competing product from Lidl. Lidl is no longer allowed to sell its rabbit because of the risk of confusion and must destroy existing copies of the product.