Trademark: Register and Protect Your Name and Logo
Trademark is considered a tool of communication used by producers to inform and attract consumers.
According to legal terms, article 15.1 of the TRIPS agreement, a trademark is:
“Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings”.
Though it may sound confusing, a trademark is nothing more than an exclusivity right to use a certain name, slogan, symbol, or design (ex: a brand name or logo), a word, a letter, a sound, a color, or sometimes even a smell or texture which is used to identify the source of goods and/or services with which the trademark is used to help the customers with making their choices.
For instance, Nike is a known trademark and is best known for its footwear, apparel, and equipment which is very appealing to the customers. Nike is also a registered trademark for “Nike,” the brand's famous slogan “Just Do It,” and its swoosh logo, which symbolizes the sound of speed, movement, power, and motivation. This means that in countries where the Nike trademark is registered, no one, without Nike’s explicit permission, can sell products or services using the Nike logo or name.
Everyone seeks to make sure their assets are protected as valuable pieces in the Intellectual property world!
To prevent consumers from being confused, designate exclusive ownership, and stop others from making profits by using your trademark, the most common way is to have it registered in the jurisdiction(s) you wish to operate. The registration of a trademark is a good strategy since it can give its owner multiple rights, and in case of infringement, its owner is entitled to prohibit others from using it.
Although a wide variety of signs or combination of signs can be registered as a trademark but in order to be protected, some points must be considered:
1. Your intended sign has to be distinctive; it means you have to make sure that no one has ever tried to register your sign before and moreover it’s not “Confusingly similar” to a previously registered sign.
2. The sign mustn’t be deceptive; basically when the sign contains an element that isn’t true and has a misleading explanation of the character, quality, function, composition, or use of the goods or services it is to be considered deceptive.
3. The signs that are contrary to moral and public order may not be used as a trademark.
Additionally, the requirements established by the law of the country where protection is sought are to be taken into account as well.
Each country differs when it comes to requirements and cost, but the overall process is more or less the same. For instance, registration in the states can be done directly in the United States Patent and Trademark Office. https://www.uspto.gov/
If you want to use your trademark in different countries, as trademarks are territorial rights you may have to register your trademark separately in territories you wish.
However, there is another option. Madrid System covers a wide scope of registration and is a convenient solution for registering and managing trademarks worldwide which facilitates the registration process in several jurisdictions at once. By this system, anyone may apply for protection in more than 100 countries. It is important to know that, before you can file an international application, you need to have already registered, or have filed an application, in your “home” IP office.
It is noteworthy that Trademark duration varies from country to country. For States party to the WTO, the initial duration of protection should be no less than 7 years. Once the registration duration comes to the end, it can be renewed indefinitely.
It is important to consider possible obstacles you may encounter during the registration process before filing your trademark. Our legal team will conduct a Trademark comprehensive study, analysis, and opinion regarding registration possibilities. This will reduce the risk of legal opposition & objections during registration. After you have received your trademark registration certificate, you can and must begin protecting your trademark!
Trademark services are provided by Pellonia by expert trademark attorneys, so individual consultations and timely results can be guaranteed for the registration and protection of your Trademarks. If you need our help, feel free to get in touch with us!