Trademarks is the term by which the company describes itself, its products and services. Thanks to this they differ from other companies, bringing to the market the same or similar goods and services from the customers´ point of view.
About Trademarks
Trademarks are one of the most widely used methods of labeling products and services. These marks can be placed on any products, packaging, promotional materials, on business documents in various sizes, shapes, graphic designs and any color. Following symbols are used to mark the trademarks:
A trademark is a mark that serves to distinguish goods or services on the market. The purpose of the trademark is to distinguish goods or services of the same kind produced or provided by different manufacturers or service providers. The entrepreneur is thus guaranteed that his/her products and services came to the attention of consumers who are better oriented in a wide range of goods and services. Effects of the mark and its impact on the customer also ensure the flow of products and services on the market, along with the use of good reputation, or general knowledge of such a mark eventually.
A trademark may be only marks that can be represented graphically (written, drawn) and which is capable of distinguishing the goods or services for which it is protected from identical products or services provided on the market from other commercial sources. A trademark cannot exist by itself, without connection with specific goods that indicates or services that are provided under this mark.
Under the conditions set by law, the Trademark may be the registered Trademark:
To sign as a Trademark applied fulfilled its purpose for both consumers and businesses, certain criteria apply. They are mainly in close association with the mark on the business activities of the entity that it applies for, a good character to distinguish the sign from an already registered Trademarks of the incumbent and fantasy, originality and unusual character such a sign, including its expressiveness and if it is easy to keep in mind.
Exclusions of eligibility for registration are defined as a possible Trademark registered in the register of Trademarks. These barriers to register a mark in the register of Trademarks and marks may be unsuitable for registration either entirely, which means that marks cannot be registered at all or in part, in which case the mark is registrable only with some reservation, restriction or with the consent of third parties.
Following cannot be registered into (non registrable trademarks):
A trademark is a mark that serves to distinguish goods or services on the market. The purpose of the trademark is to distinguish goods or services of the same kind produced or provided by different manufacturers or service providers. The entrepreneur is thus guaranteed that his/her products and services came to the attention of consumers who are better oriented in a wide range of goods and services. Effects of the mark and its impact on the customer also ensure the flow of products and services on the market, along with the use of good reputation, or general knowledge of such a mark eventually.
A trademark may be only marks that can be represented graphically (written, drawn) and which is capable of distinguishing the goods or services for which it is protected from identical products or services provided on the market from other commercial sources. A trademark cannot exist by itself, without connection with specific goods that indicates or services that are provided under this mark.
Under the conditions set by law, the Trademark may be the registered Trademark:
To sign as a Trademark applied fulfilled its purpose for both consumers and businesses, certain criteria apply. They are mainly in close association with the mark on the business activities of the entity that it applies for, a good character to distinguish the sign from an already registered Trademarks of the incumbent and fantasy, originality and unusual character such a sign, including its expressiveness and if it is easy to keep in mind.
Exclusions of eligibility for registration are defined as a possible Trademark registered in the register of Trademarks. These barriers to register a mark in the register of Trademarks and marks may be unsuitable for registration either entirely, which means that marks cannot be registered at all or in part, in which case the mark is registrable only with some reservation, restriction or with the consent of third parties.
Following cannot be registered into (non registrable trademarks):
A registered trademark is indicated by the symbol ®, usually placed in the upper right corner of the mark. Trademarks are initially valid for a period of ten years from the date of filing. The owner of the trademark can renew its validity for successive ten-year periods upon request. Failure to file a renewal request within the prescribed period will result in the trademark expiring.
Function and Protection
The owner of a trademark holds exclusive rights to use the mark in connection with the goods or services for which it is protected. In case of any unlawful infringement on the rights of the trademark owner, they have the right to seek legal action and request a competent court to prohibit the violation or threat to their rights, including the elimination of any consequences resulting from such violations.
A registered trademark can be transferred to another owner through a written agreement, either in its entirety or partially, in accordance with specific legal regulations. The transition to a new entity is also possible under certain circumstances. A trademark can be subject to liens, enforcement measures, and execution, and it may be included in bankruptcy or property settlement proceedings. Through licensing agreements, the trademark owner can grant another entity the right to use the trademark, either for all the protected products and services or only for a specific subset of them.
If the owner fails to properly use the registered trademark for the goods or services for which it is registered within five years from registration, or if such use has been discontinued for an equal period, the trademark may be removed. The owner of a registered trademark also has the option to voluntarily surrender the rights to the trademark, either for all the registered goods or services, or for a specific subset, or to limit the scope of protection in relation to a particular element of the mark. Upon request from a third party, and under specific conditions as defined by law, it is possible to cancel a trademark or declare it invalid, either in its entirety or for specific parts of the list of goods and services.
The owner of a registered trademark can initiate legal proceedings in the event of a breach to prevent unauthorized use of the mark. However, it is important to note that trademark registration is not always mandatory. The owner of an unregistered trademark can also take legal action, but protection for an unregistered trademark is generally limited to the geographic area in which it has been used or where expansion can be reasonably anticipated.
The application and registration process for trademarks can vary depending on the territory in which protection is sought. There are national, European, and international options for trademark registration.
National Trademarks:
To register a trademark nationally, an individual or legal entity can apply to the Industrial Property Office of the respective country. The application can be submitted in person, by mail, fax, or electronically. The application must include a request for registration, the applicant’s name and address, the representation of the mark, a list of goods and services for which the mark is to be registered, and the signature of the applicant or their representative. Additional requirements may apply for non-verbal marks or collective trademarks.
Once the application is filed, it undergoes formal and substantive examination. If all requirements are met, the application is published in the IPO Gazette for a three-month period. If no objections are raised during this time, the mark is registered in the Trademark Register.
European Union Trademarks:
The Community Trademark (CTM), now known as the European Union Trademark (EUTM), provides protection in all member states of the European Union. The registration is done through the Office for Harmonization in the Internal Market (OHIM) in Alicante, Spain. The advantage of an EUTM is that it provides automatic and territorial expansion with EU enlargements. Use of the mark in one member state is sufficient to fulfill the obligation of use.
International Trademarks:
The International Trademark registration is administered by the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. This registration is based on the existence of prior national trademark registrations. The international registration can be obtained through the Madrid Agreement or the Madrid Protocol. The applicant can also claim priority based on their national trademark registration.
The duration of international trademark registration is dependent on the duration of the corresponding national trademark registration. If the national registration is canceled within five years of the international registration, the international registration will also be canceled.
It is important to note that each territory may have specific requirements and procedures for trademark registration, and it is advisable to consult the relevant intellectual property office or a legal professional for accurate and up-to-date information.
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