Community Trademarks

Trademarks

• Filing the Application – Requirements
• Registration Procedure
• Duration
• Recording changes in the Register

Industrial Design

• Filing the Application – Requirements
• Registration Procedure
• Duration
• Recording changes in the Register

• Conventions:
  • - Paris Convention
  • - Madrid Agreement
  • - Madrid Protocol
• Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark
• Council Regulation (EC) nº 6/2002 of 12 December 2001 on Community Design

Trademarks

• Filing the Application – Requirements: (top)
  • Name and address of the Applicant
  • Representation of the Mark
  • List of goods and services according to Nice Classification 8th edition (Classes 1-45)
  • Priority date, country and number and the original Priority document which can be submitted subsequently within three months as from the Application date
  • Power of Attorney – No power of attorney is required for an authorized representative
• Registration Procedure: (top)
  • Application is filed at OHIM and examined for admissibility and classification
  • OHIM examines absolute grounds for refusal
  • Application is published for the purpose of third party observations or opposition.
  • Third party observations may be filed in relation to absolute grounds for up to three months after publication
  • The registration procedure takes approximately six months as from the application date provided no obstacles arise
• Opposition: (top)
  • Trademark applications are published in the Official Gazette.
  • Oppositions against trademark applications can be filed within three months as from the publication date. No time extension is permitted
• Duration: (top)
  • Trademarks are valid for 10 years as from the application date.
  • Upon payment of renewal fees the trademark will be extended for a further 10 years. The renewal fees can be paid during the last six months prior to expiry of the ten years protection period or up to six months after the expiry date with a fee for late renewal
• Recording changes in the Register: (top) 1. Assignment of rights Requirements:
  • A written request for recordal of the Assignment
  • Assignment document simply signed by the Assignor and the Assignee – no legalization is required
  • Indication must be given of the future representative of assignee
  2. Change of name Requirements:
  • A written request indicating:
  • Number of the application
  • Name and address of applicant
  • An indication of the new name
  • A copy from the Company Register attesting to the change of name
  3. Change of address Written request indicating:
  • number of the application
  • name of applicant
  • indication of the new address

Industrial Design

• Filing the Application – Requirements (top)
  • Name and address of the Applicant
  • Name and address of Designer or Notice that the Designer chooses not to be mentioned in the application
  • Indication of type of product (Locarno classification). All products must belong to the same classification in case of multiple design application
  • At least one visual representation of the design (up to 7 views in case of a single Design). (If priority claimed views are not limited because all view of priority mark can be submitted.)
  • Claim to priority must be made within one month from application date and priority documents could be provided up to three months from the declaration of priority
  • However it is preferable to submit the same at the time of filing
  • If confidentiality required, publication of the Design can be deferred up to 30 months
  • Request for publication must be made up to 27 months from application/priority date
  • No power of attorney is required for authorized representative
• Registration Procedure (top)
  • Examination of formalities of the design
  • Examination of substance(that the design is indeed a design and not contrary to public policy or morality)
  • Publication of design (unless deferment requested)
  • Without objection, design granted from 2 – 10 days following application
• Duration (top)
  • A design has a life of five years from filing date
  • May be renewed in five year block up to 25 years
• Recording changes in the Register: (top) 1. Assignment of rights Requirements:
  • Assignment document simply signed by Assignor and Assignee (no legalization or notarisation required)
  • Power of Attorney: No power of attorney for an authorized representative
  • Assignee address
  • Schedule listing design/S to which Deed of Assignment refers if not listed in Assignment document
  2. Change of name Requirements:
  • Extract from the Company Register showing the change of name or
  • an Affadavit
  3. Change of address Requirements:
  • A written request showing old address and new address.