June 1, 2023
Blog
Trademark registration
Branding is key to any business. It is the face of any company and services related to registration and are one of the most frequently used in practice.
When you decide to register your brand, you should know that several features need to be considered. Separately, it is necessary to carry out preliminary research by a specialist in the field of intellectual propertyт.
What is a trademark?
The trademark is a sign that distinguishes the goods or services of one person from the goods and services of others. Such signs may be words, names of persons, letters, numbers, drawings, figures, the shape of the goods or their packaging, colours, sounds or any combination of such signs.
The owner of the trademark receives the exclusive right to use the trademark, to dispose of the right to it and to prohibit third parties from using this or a similar sign in their commercial activities, without his permission.
Trademarks are registered for a specific territory. This means that the mark is protected only in the countries or regions where the trademark registration was obtained. A trademark can be registered for the territory of one country, as well as for the territory of several countries. With one application, a trademark can be registered for the territory of the entire European Union, which will used protection in each member state. The choice of the territories in which the trademark will be protected depends on the commercial interests of the applicant and on the already registered trademarks in the relevant territory/territories.
What is the registration process?
A trademark applicant can be an individual or a legal entity. Such can also be foreign persons. There is no express requirement that the applicant is a commercial enterprise that produces or trades the goods (performs the services) for which it wishes to register the trademark.
The right to a trademark is acquired by registration from the date of filing the application. This is followed by a check by an expert on the regularity of the submitted documents for trademark registration, and the fees that must be paid are also checked. Next, a check is made as to whether the mark does not fall under any of the absolute prohibitions of registration. In the absence of such grounds, any mark that meets the legal requirements is published in the official bulletin of the Patent Office.
Within 3 months of publication, an opposition or objection can be filed against the registered trademark. Such may be filed by any interested person, including the owner of a similar or identical earlier mark. When this term expires and there are no applications filed, the trademark is entered in the State Register of Trademarks of the Patent Office..
The validity period for trademark protection is 10 years, after which it can be renewed an unlimited number of times.
How can we help you?
The KGK team has extensive experience and expertise in the field of trademarks. We carefully consider the most appropriate way to protect your brand by thoroughly researching existing earlier similar or identical trademarks so that potential disputes with third parties are minimized. During and after registration, we can offer you legal services and assist you in the preparation of license agreements, their submission, brand renewal, transfer and more.
If you have any questions, don't hesitate to contact our team! You can count on us to provide reliable advice and quality legal assistance.
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