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trademarks, trademark search, brand names, trademark broker, brand licensing, brand name, IR-marks, names, registered trademarks, trademark agent, trademark broker, trademark broking, trademark licensing, trademark offers, trademark agency, trademark-broking, tradename, web names<br>
Inside About us BRANDWAY assists companies in satisfying their short term trademark and domain needs as efficient as possible. We use a variety of strategies and instruments to provide companies with purchasable and licensable trademarks as well as domain names. The beginning Trademark broking services have been offered by the predecessor of BRANDWAY (Veit & Partner (D) GmbH) since 1992. Veit & Partner (D) GmbH was then acquired by Interbrand Group, the world's leading CI and Branding company, at the end of 1996. The trademark broking business was kept by the previous owner, operationally separated and transferred to BRANDWAY at the beginning of 1997. Our services BRANDWAY has developed a transparent and differentiated variety of services with the aim to ensure that the trademark and domain needs of our clients are satisfied in the best possible way . Besides the BRANDWAY TM Direct Pharma Portfolio, that hosts about 1.200 nationally and internationally registered trademarks which are directly available, registered and purchasable, BRANDWAY offers a variety of services to search for trademarks and domains that are for sale. For details see our BRANDWAY services section. Inside Point of view 1. Your next product deserves the best registered trademark available. A marketeer should always use a trademark which is truly appropriate for the branding of the new product. This branding rule must always be applied. Even if only little time is left until the introduction of a product. Consequently, all options of trademark sourcing have to be considered seriously. 2. There are different ways to the best trademark. The project situation, the marketing objectives, the availability of registered trademarks and the timing define the way of trademark sourcing. Alternatives: Internal trademark supply Project specific development of a trademark Use of own already registered trademarks External trademark supply Purchase of trademark rights Licensing of trademark rights 3. Products are getting faster to the market. The availability of already registered trademarks is a precondition for the timely launch of a product. For a variety of reasons, there is often little or no time left to develop and register an appropriate trademark. The 'just in time' availability of suitable registered trademarks is a true challenge for marketing managers. 4. The new product will never have an optimal branding solution if one is satisfied with the trademark which just 'happens' to be available. If time is scarce, the natural step is to look whether the company already has an appropriate registered mark in its own trademark portfolio. However: Few are aware of the fact that the choice of trademarks often can be dramatically improved if external trademark sources are also considered. 5. A systematic approach to ensure the sourcing of registered trademarks is rarely practised... ...and even if that is so: Unforeseen or genuine marketing opportunities may require trademarks when simply no appropriate trademarks are available in your own portfolio. 6. Trademarks can be purchased. Trademark rights can be acquired without transferring the business related to the trademark. The consequences: 1. A company can satisfy its trademark needs by acquiring registered marks. 2. The marketing management has the opportunity to look beyond its own, limited portfolio of registered trademarks. The marketing manager can optimize the branding of the product. 7. There is a market for registered trademarks. While there is a demand for trademarks, the surplus of unused and idle trademarks just waits to be turned into supply. ...on the one side ... there are many trademarks registered which will never be used by their owners for the original and sole purpose of trademarks: the branding of products. ...on the other side ... firms are looking for registered trademarks on short notice because they want to brand new products. For these companies a lengthy trademark registration process is no option. There is a great demand for registered trademarks. The way it is being dealt with can only be described as inefficient at best. Today´s reality: Trademark lists are spontaneously mailed by trademark brokers without a specific inquiry and without a relation to the actual and specific branding needs. What can you expect from this procedure? Coincidental if not extremely lucky findings of desired marks here and there on the distributed lists. What you can´t expect from this procedure? The active, systematic approach to identify appropriate, purchasable trademarks for the branding of a specific product. Services Info TM Direct BRANDWAY has built up a portfolio of currently more than 1.200 registered trademarks for the branding of pharmaceutical and body care products. At your specific request we present quickly and in a pragmatic manner a selection of registered trademarks. TM Direct Info TM Direct Trademark Portfolio TM Hunting Yet, even an extensive portfolio cannot always come up with the perfect trademark that meets all your criteria. Therefore, in order to gain a more thorough understanding about the existence of marks that fulfill your requirements, we embark on a more extensive search for appropriate registered trademarks by applying our TM Hunting Trademark Search. TM Hunting Info TM Licensing Developing and launching a new brand concept is a risky venture. An alternative is to use already known brands and names for the branding of the new product and service concepts. BRANDWAY has developed TM Licensing and assists you in identifying licensable brands or partners being interested in licensing your brand. TM Licensing Info Domain Hunting The one who still wants to register an attractive Internet Domain, will painfully recognize that most of the names have been registered by somebody else. Meanwhile there are more than 20 million .com addresses already registered. Domains with a high information content (descriptive names) are nearly all taken. In many instances the purchase of an already registered domain is the only way to get hold of a conceptually adequate name. Domain Hunting Info TM Direct Info The direct way to a registered trademark. Will the trademark be available just in time? Having at your disposal a truly suitable registered trademark for the branding of your new product just in time, is very often rather wishful thinking than reality. If you limit your search for a suitable trademark to the portfolio of your own company you will often have difficulties finding a satisfactory solution. The access to an extensive external trademark portfolio offers you an interesting opportunity to look at further trademark alternatives. You should take the chance to have trademarks presented from the TM Direct portfolio: This might be the way to actually find a registered trademark that meets your expectations. The trademarks of the TM Direct portfolio. Our trademark portfolio, which we have been developing since 1992, presently includes more than 1.100 nationally and internationally registered trademarks. They are almost exclusively designated for the branding of pharmaceutical and cosmetic products. The TM Direct trademark portfolio includes for example trademarks for the following product categories: Analgesics Antibiotics Antidepressants Body care products Broncholytics Cardiacs Cosmetics Cytostatics Dermatics Dietetics Gastroenterologics Geriatrics Phytopharmaceuticals Vitamins The continuous influx of trademarks ensures a further growth of our portfolio thereby increasing your chances to find the trademark that is most suitable for you. This is how we procure registered trademarks to you: We will send you a standardized confidentiality agreement for the procurement of trademarks. Then you define the profile of the desired mark. You can use our TM Briefing forms for pharmaceutical or cosmetic and body care products. We will promptly present you a range of trademarks cled from our TM Direct trademark portfolio according to your requirements. You will then examine this TM Direct trademark selection and inform us which trademarks you are interested in. We will ask the trademark owner for detailed information about the mark. If you are interested in the purchase of a trademark we will establish the direct contact between you and the trademark owner. If required, we will provide you with a copy of a typical trademark contract which may serve as a basis for phrasing a purchase contract that is suitable for your purposes. The cost for the procurement of a registered trademark. For the presentation of trademarks we only charge a small presentation fee, the full commision is only due if our presentation results in a purchase. On conclusion of the purchase contract we will further charge either a minimum commission of 15 percent of the sales price. In case you purchase a trademark we deduct the presentation fee from the commission for the procurement. You will then pay the agreed upon sales price directly to the trademark owner. TM Hunting® Info The focused way to a registered trademark. TM Hunting® trademark search provides companies that urgently need registered trademarks with an efficient instrument to identify and purchase of trade marks. In situations where a trademark application and the waiting for its successful registration would take up too much time, the TM Hunting® trademark search is probably the most intelligent approach to have a registered trademark at hand in time for the branding of a new product. By offering this innovative service, Brandway is able to broaden the access to trademarks beyond portfolio based trademark procurement, which by it´s nature only can offer access to a limited number of registered marks (e.g. as with TM Direct portfolio). 'Hunting' the trademark in a systematic and well directed way. The special merit of TM Hunting® is its systematic and well directed procedure for searching registered marks. The following characteristics are typical of a TM Hunting® trademark search: 1. The search is not limited to single companies (trademark owners) that presumably have a substantial trademark portfolio. It rather covers the totality of trademarks registered in the relevant trademark registers. It is thus possible to select from several 10,000 or depending on the class of goods even more than 100,000 registered trademarks, that might be suitable for the product. 2. In addition to searching in the trademark registers we contact bewteen 100 to 1,000 potential trademark owners depending on the type and area of business who might possess suitable marks. 3. The offered trademarks usually do not come from the mark surplus of other companies. Most of these trademarks have generally not yet been offered to other companies. 4. The search for suitable trademarks is carried out with a variety of tools including internal and external data bases and software applications especially developed for TM Hunting® trademark searches. 5. Trademarks can be searched in view of certain characteristics (e.g. length, first letter, syllables). 6. In contrast to personal inquiries targeting competitors the TM Hunting® trademark search ensures that the inquiring company maintains its anonymity until definite sales negotiations are initiated. It is only then that the prospective buyer reveals his identity. The TM Hunting® product categories. In principle, the TM Hunting® trademark search is not limited to a particular product category. It is, however, particularly suitable for trademark procurement in the following areas: Accessories Automotive Beverages Body Care Clothing Cosmetics Detergents Electronics Food Pharmaceuticals Cost and timing. The fee for a TM Hunting® trademark search depends on its scope and degree of difficulty. The respective trademark register, the trademark owner´s country of origin and the kind of mark to be searched are of particular importance in this context. The purchase price for the mark is not included in the TM Hunting® fee. Prices for a mark naturally vary according to the quality of the trademark. Experience shows that a TM Hunting® project is usually completed within about 6 to 12 working weeks. The first marks are usually presented during the fourth project week. TM Licensing Info A company wanting to offer the consumer new brand experiences based on the brand portfolio it manages generally has to move within brand worlds linked to the respective brand. This sometimes represents a true restriction, since it is not always possible to adapt an established brand to emerging values and trends, particularly if consumers are eager to experience new and exciting brand worlds. Launching a new brand is always a risky venture, particularly in a time were so many brands are launched at the same time offering virtually the same benefits and the same degree of emotional attractiveness. A company who wants to develop its business based on authentic, well established brands or at least known names with the potential to be converted into authentic and attractive brands, should consider brand licensing. Here are some of the advantages to brand licensing: 1) Use of already established brand awareness and sympathy 2) Potential to develop authentic product and service offers baswe on a brand with a distinct brand competence and characterisitc brand style 3) Less risk, since the brand already enjoys recognition 4) Possibilities for a unique positioning being impossible or very difficult to achieve by using an existing brand in the own portfolio 5) Cross marketing and cross selling in product areas, where the company is not active in. Brandway is not only providing companies with already registered but not in use trademarks and internet domains, we are also assigned by licensors to find appropriate licensees or assist companies to search for appropriate brands that can be licensed. Brandway has developed an own view on what successful brand licences have in common. If you wish to get the content of our brand licensing philosophy, please contact us. Domain Hunting Info The targeted way to find an appropriate Domain. The naming of your company or your new site is a strategic issue. Particularly companies who want to offer their services exclusively via Internet have to think twice. Should they use a free standing, abstract name that carries no particular meaning or shall the name already contain precious information about the business content, making it easier to be found on the Internet? Having the wrong name may lead to less clicks and higher marketing investments since your name has to be learnt as a new term by your target group. A lot of companies relying on the Internet as a key source of communication and business have understood that an internationally available top level address, i.e. a .com address is a strategic necessity. Particularly e commerce businesses have realised that the possession of the right domain is the name of the game. The problem is only that already about 20 millions .com domains are already registered, many of them being highly descriptive. If you are looking for an attractive .com domain with a high degree of information already contained in the name, there is only one strategy leaving you enough degrees of freedom for domain name selection: The purchase of an appropriate .com domain which ideally is available as .net address as well as in the different national top levels. The successful search of a high quality .com domain is a rather strenuous exercise. Certainly, there is large number of domain name brokers whose sites invite you to search for domains, but unhappily many of the attractive domains are registered but not published as being available for sale. The only way to find out whether these unpublished domains are for sale is to identify these and ask their owners if these are for sale. BRANDWAY has realised that an integrated domain hunting has to lead to superior results since both domain sources (domains officially for sale and names not announced as being for sale) are employed. Here are some of the critical issues to be observed prior to the search and purchase of domains: 1) Define the profile the name: What shall be communicated by the name? How much shall the name say? Is it an advantage, if the name is completely descriptive? 2) Is it meaningful to own and use descriptive .com domains in addition to a distinct company name in order to lead more clicks on your homepage? 3) Which .com addresses must be checked from a trademark point of view? Are there any trademarks inhibiting the use of the domain in certain areas? 4) Are there company names that stop you from using your domain in the respective market? 5) Are you able to register the domain that you intend to purchase as a trademark in your national trademark register or as an IR or Community Mark? If you can’t register the domain name as a trademark you may accept that your competitors are using the same name as a common term in their daily business activities. 6) Is the domain acceptable from a cultural and linguistic point of view? 7) Are there any .com addresses available where their owners have missed to pay prolongation fees? When conducting a Domain Hunting BRANDWAY is also able to link the domain search with a trademark search in order to get an understanding of the trademark situation which often is neglected in a domain context. If you have questions about our Domain Hunting Services, simply send us an e mail or call us. We would be pleased to send you an offer about how we can find your next domain. Market Your search If you are looking for a registered trademark to brand your new pharmaceutical product... ... then you should take the opportunity to get to know the TM Direct trademark portfolio, containing more than 1.200 pharmaceutical trademarks for a variety of different therapeutical areas. We decided to specialize in that area to give you the biggest choice of trademarks. Please understand that we cannot mention any trademark by name prior the signing of a confidentiality agreement. BRANDWAY is obliged to safeguard the interests of the trademark owners. Our self imposed code of business requires that we apply this measure to prevent misuse of trademarks assets and information. Please use our TM Briefing forms for pharmaceutical or cosmetic and body care products and describe the profile of the trademark you are looking for. For different product areas... ... we offer you several search strategies to identify suitable registered trademarks which can be purchased. If time is scarce our TM Hunting trademark search is the most efficient way to get hold of an appropriate trademark as quickly as possible. ... you will find a small selection of non pharma trademarks on our 'We offer' page. Market Our offer The TM Direct trademark portfolio contains three categories: Specials Pharmaceutical trademarks (Class 05) Other classes The 'Specials' category contains several trademark bundles. Here we have cled trademarks with similar properties (same therapeutical area, registration in same countries etc.). The type and content of these trademark bundles are subject to change depending on supply and demand. If you are looking for trademarks that can be used for the branding of pharmaceuticals as well as cosmetic and body care products we would advise you to define your trademark requirements as precisely as possible. Please use our TM Briefing forms for pharmaceutical or cosmetic and body care products and describe the profile of the trademark you are looking for. If our portfolio does not offer what you are looking for... TM Hunting Trademark Search TM Licensing Domain Hunting Market Your offer You can offer your trademarks to BRANDWAY in two different ways: If you want to respond to a particular trademark inquiry published in the 'Our search' page or want us to generally include your trademark(s) in the BRANDWAY trademark portfolio, then you can make your offer at the 'Your offer' page. Please keep in mind to always use our TM ID Card and fill in the trademark information details. Be assured that we always require a signed confidentiality agreement of the party interested in trademarks prior to the presentation of trademarks and related information. We are looking forward to receiving your trademark offers. Why should a company with a surplus of marks offer trademarks to BRANDWAY? 1. We were among the first companies that have built up a portfolio of trademarks with a clear focus on a few selected product areas (pharmaceuticals, cosmetic and body care and cosmetic products, nutritional products). 2. Today BRANDWAY offers probably the largest trademark portfolio in Europe for the branding of pharmaceutical products. We are extending our trademark portfolio into new product areas including all type of lifestyle products. 3. A respectable number of trademarks that have been procured by us are already in the market today. 4. The one who wants to sell trademarks needs longstanding contacts. Naturally we do not know all companies, but a large number of important ones. And we keep in touch on a regular basis. 5. Today nearly 100 companies have assigned us to sell their trademarks for them. 6. In order to protect the interests and rights of our trademark suppliers we obliged ourselves by contract not to submit any information about trademarks prior to a written confidentiality agreement. TM ID Card Market Our search On behalf of our clients and customers we are continuously looking for attractive registered trademarks. If you want to offer us trademarks corresponding with certain trademark inquiries, please have a look in which areas we are actually interested in trademarks. You can use our TM ID Card form to offer us your trademarks. Current trademark requests from our clients: Class 03 Request/Class Countries/Features Project No. Perfume worldwide registration, US TMD 5691 ID Card Cosmetic Germany / IR / worldwide: no specific therapeutical area TMD 0001 ID Card Nature Cosmetic Germany, US TMD 7983 ID Card Community trademark Abstract TMD 0001 ID Card Dental care Germany / IR: no specific therapeutical area TMD 0001 ID Card Class 05 US Registrations no specific therapeutical area TMD 0001 ID Card Pharmaceutical Preparation worldwide registered; no specific therapeutical area TMD 14930 ID Card Pharmaceutical Preparation worlwide registered; to be of use for dermatological and hormone preparations TMD 16026 ID Card Pharmaceutical Preparation worlwide registered; to be of use for oncology preparations TMD 15153 ID Card Community trademark no specific therapeutical area TMD 0001 ID Card TM ID Card Contact Our Address We are looking forward for your reply. If you need any further information about our services or if you want to talk about your trademark issues, please don´t hesitate to contact us. BRANDWAY (Deutschland) GmbH Jungfernstieg 38 20354 Hamburg Germany Tel. +49 (0)40 35 10 34 0 Fax +49 (0)40 35 10 34 34 Or send us an e mail to: mail@brandway.de Contact Your opinion We want your opinion Your opinion is very important for us. You can help us improve our homepage and our services according to your needs and wishes by simply answering the following 10 questions. 1. What is your impression of our homepage? very positive positive rather negative negative 2. What did you miss? 3. How would you rate our services? very positive positive rather negative negative 4. Have you ever purchased a registered trademark before? yes, frequently rather rarely no, never 5. How does your company deal with the naming of products? internal developm. patent attorney prof. name develop. trademark providers others 6. Did you previously contact any other trademark providers? yes no if yes, with whom 7. What would you keep from working with... ...BRANDWAY? ....other competitors? ....trademark providers in general? 8. What would you improve? 9. What other trademark services interest you? licensing trademark searching administration others 10. How did you find BRANDWAY? search engines mailings patent attorneys recommendations Please fill out this form. Press 'Submit' to send it. Please note that you are not required to leave your address. Address Company Name Dept. Street ZIP/City Phone Fax e mail Help Links On this side you will find some links to interesting pages . Homepage of one of the leading companies worldwide in the fields of Branding and Corporate Identity. Homepage of the German Patent and Trademark Office. Homepage of the UK Patent and Trademark Office. Homepage of the US Patent and Trademark Office with researchable database. Homepage of the World Intellectual Property Organization. Homepage of the Office for Harmonization with researchable database. Homepage of the European Agency for the Evaluation of Medicinal Products. Homepage of the U.S. Food and Drug Administration. Directory of German Patent Attorneys. Help FAQ Frequently asked questions On this page you will find answers to most of the questions that we are being asked repeatedly. Why does BRANDWAY keep the trademarks from their portfolio confidential? BRANDWAY is by contract obliged to act on behalf of the trademark owners. We can only present trademarks to those who signed a written statement of confidentiality, thus preventing the owners from possibly getting involved in legal suits (e.g. matters concerning expired grace periods etc.) Why does BRANDWAY require a written statement of confidentiality? We procure rights. That means we deal with considerable IP values that need protection. The owners of the trademarks insist on such a procedure. Why does the TM Direct portfolio consist predominantly of class 03 and 05 trademarks? BRANDWAY decided to specialize in an area that promises high demand for trademarks. This way we are able to offer you a comprehensive yet specific selection of trademarks. If you are looking for registered trademarks contained in other classes of goods and services you should refer to our TM Hunting® trademark search services. What are the odds of finding a suitable registered trademark with the help of BRANDWAY? BRANDWAY offers a set of different services in the area of procuring trademarks. The chances of finding a suitable trademark obviously depend on the effort being put into the search, i.e. the more you look the more you will find. Naturally, BRANDWAY only finds marks that are registered. How much time does it take BRANDWAY to find a suitable registered trademark? This depends on which service is employed and what kind of trademark you are looking for. Searches using TM Direct can result in a hit within the next 24 hours at best. Extensive search routines such as the TM Hunting program will take between 4 and 12 weeks. What does BRANDWAY recommend, if a company still has enough time to register a trademark? In order to have a name for your new product on time and without delay, start developing a trademark right away, ideally, use professional brandname creation consultants. See our links for recommendations. And to be on the safe side, start looking for a back up trademark that is already registered ... just in case. Note Legal examination of potentially interesting trademarks that you consider purchasing should be conducted by your justiciary or another legal adviser, since these matters require the knowledge of a qualified lawyer or patent attorney. 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