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Trademarks
- Paris Convention
- Madrid Agreement
- Madrid Protocol
- PCT Convention
2. Patent Law of January 1, 1996
3. Trademark Law of July 1, 1997
Trademarks
Filing the Application – Requirements:
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- 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 3 months as
from the Application date.
- Power of Attorney simply signed by the Applicant. PoA can be
submitted subsequently.
Registration Procedure:
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- The Application is filed and examined with the Patent and Trademark
Office (Office)
- Both absolute and relative grounds for refusal are examined.
Upon the publication of the Trademark Applications the interested
parties can file the observation against the grant of the Trademark
Application. The party, which has filed the observation will not
be the party in the official procedure. However, the Office is
obliged to submit its Decision to this party
- The registration procedure takes approximately two years as
from the application date
- Upon payment of ten years protection fees,
the Trademark is valid for 10 years as from the application date
- Upon payment of renewal fees the Trademark can be extended
for a further 10 years. The renewal fees can be paid during the last
year of the previous ten year protection period
Recording changes in the Register:
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1. Assignment of rights
Requirements:
- Power of Attorney simply signed by the Assignee
- Assignment document simply signed by the Assignor and the Assignee
– no legalization or notarization is required
Requirements:
- Power of Attorney indicating the new name, simply signed by
a representative of the Company
a) Extract from the Company Registers showing the change
of name or
b) Statement of the Secretary of State showing the change of
name
Requirements:
- Power of Attorney indicating the new address, simply signed
by a representative of the Company
a) the extract from the Register of the companies showing the change
of address or
b) the statement of the Secretary of State showing the change of
address
Patents
Filing a Conventional Application
– Requirements
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- Name and address of the Applicant
- Name and address of the Inventor(s)
- Priority date, country and number
- Description of Patent
- Patent Claims
- Drawings (if any)
- Abstract – summary of the invention
- The document showing the assignment of rights from the Inventors
in favor of the Applicant, simply signed by the Inventors –
can be submitted subsequently
- Power of Attorney simply signed by the Applicant – can
be submitted subsequently
- Priority document – can be submitted subsequently, within
four months as from the Application date
- Translation of description, claims and abstract into local language,
can be filed subsequently within four months as from the Application
date
Filing a National Phase of PCT Application –
Requirements [ top
]
- Name and address of the Applicant
- Name and address of the Inventor(s)
- Description of Patent
- Patent Claims
- Drawings (if any)
- Abstract – summary of the invention
- Priority date, country and number
- International Search report
- International Preliminary examination report for the applications
filed under the Chapter II of Patent Corporation Treaty
- PCT Request
- PCT Publication page
- The document showing the assignment of rights from the Inventors
in favor of the Applicant, simply signed by the Inventors –
can be submitted subsequently. The term can be extended for maximum
9 months
- Power of Attorney simply signed by the Applicant – can
be submitted subsequently. The term can be extended for maximum
9 months
- Translation of description, claims and abstract into local language,
can be filed subsequently
Time limits for filing a National phase of PCT Application
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- The Application is to be filed with the Office within 30 months
as from the Priority Application date.
Registration Procedure
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- The Search Report issued by the Office is to
be published after the formalities have been completed. The Applicant
is obliged to file the request for full examination of the Patent
Application within 6 months as from the day of publication of the
search report. The observation can be filed by any person during
the patent grant procedure. The person filing the observation is
not the party of the proceedings before the Office. However, the
Office should submit its Decisions to the person filing the observation
- 20 years as from the application date for
conventional Patents
- 20 years as from the International filing date for the National
phase of PCT patents
- 15 years as from the grant date for the plant varieties patents
with the exception of the cases of grapes and trees the validity
of which is 18 years as from the grant date
- 20 years as from the application date for animal breed patents
- the protection fees are to be paid annually, prior to the expiration
of the year for which the protection fees have been paid or two
months after the expiration of the protection period without any
surcharge; or during the 3rd – 4th months as from the expiry
date with 25% surcharge; or during the 5th – 6th months as
from the expiry date with 50% fine. The first payment should be
effected upon the publication of Patent Application.
Recording changes in the Register:
[ top ]
1. Assignment of rights
Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document simply signed by the Assignor and the Assignee
– no legalization or notarization is required
Requirements:
- Power of Attorney indicating the new name, simply signed by
a representative of the Company
a) Extract from the Company Registers showing the change
of name or
b) Statement of the Secretary of State showing the change of
name
3. Change of address
Requirements:
- Power of Attorney indicating the new address, simply signed
by a representative of the Company
- a) the extract from the Register of the companies showing the
change of address or
b) the statement of the Secretary of State showing the change
of address
Industrial Design
Filing the Application – Requirements
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- name and address of the Applicant
- name and address of the author or notice that the author chooses
not to be mentioned in the application
- information regarding the number of external shapes the protection
is requested for
- full and short title of the industrial design
- a two-dimensional presentation of the shape being the subject
of protection (photograph or a graphic presentation of the product
the protection is requested for)
- Power of Attorney simply signed by the representative of the
Applicant
- Priority document
Registration Procedure
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- The Industrial Design Applications are examined by the Office.
If the Application meets prescribed requirements, the Office is
issuing the Decision on grant.
- Protection fees are payable each five years.
- 10 years as from the Application Date
Recording changes in the Register:
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Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document simply signed by the Assignor and the Assignee
– no legalization or notarization is required
Requirements:
- Power of Attorney indicating the new name, simply signed by
a representative of the Company
a) Extract from the Company Registers showing the change
of name or
b) Statement of the Secretary of State showing the change of
name
Requirements:
- Power of Attorney indicating the new address, simply signed
by a representative of the Company
a) the extract from the Register of the companies showing the change
of address or
b) the statement of the Secretary of State showing the change of
address
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