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| Trade Marks in Exterior | ||||
We are a business company with more than fifteen years in the market, we have wide experience in the registration of marks abroad, we have our own offices in Argentina and Chile and associated agents in mostly all the countries in the world.Today we assist Europe, North America, Central and Southern Asia, Oceania and some countries of Africa. If you are interested, please request a specific proposal according to your needs. In general lines, the Registration of Marks can be carried out individually in each country, as well as to request in Europe, the Request of Registration individually or as a comunitary way. |
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| Comunitary Marks (Europa) | ||||
It is a way of presenting a unique request and if it is granted it will be transformed into an unique mark.Hence, it has the phase of examination, publication and common concession.After the concession is done it is necessary to validate the mark in each one of the appointed states. The countries that are part of theEuropean Community are the following: Albania, Austria, Germany, Belgium, Cyprus, Denmark, Spain, Slovenia, Finland, France, Greece, Ireland, Italy, Liechtenstein, Lithuania, Luxembourg, Macedonia, Monaco, Holland, Portugal, United Kingdom, Rumania, Sweden, and Turkey. In the case of a European mark there is only one process until the concession of this mark (the mark that is granted is a European one) and only subsequently the validation of the marks is done from country to country (according to the needs or interests). 1.- SEARCH: It is very important to carry out the Search of Previous Marks to know if the mark has already been registered or not.There are two ways to make this search: The first way is to make the search of the mark in the 26 countries of the European Community.This is not only the most expensive way but also the most precise. The second way is to make the Search of the mark only in the office of the European Community.In this form of Search you only have general information, and therefore, the requested Mark could have already been registered in one of the countries members of the Community and at the same time it could be denied. 2. REQUEST: The request or can include up to 03 kinds of products and/or services according to the International classification.The Mark could only be denied by the opposition of third parties with greater right, or because is not distinctive enough or for being generic.It is advisable to claim graphic or verbal elements to avoid the Mark to be denied by being generic.The dead line for the consent is of around 07 months. 3.- CERTIFICATE: Once approved, it is necessary to pay the rates and ask for the Certificate of request, that may delay between 2 and 5 months. |
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| Trade Marks in Brasil | ||||
Its objective is to inform about the importance of the registration of the Mark. The Mark is a signal or expression intended to distinguish the products or services of a company, so as to identify it from its source and from ones of others. In such a way, the first step for the mark to have a permanent value is to make a registration in the NIIP (National Institute for the Industrial Property), which will give it the exclusivity for the use of the mark in the national territory and, therefore, the protection of its patrimony. It is important to mention that the use of a particular mark by a company does not assure its absolute protection. It is requested a registration in the INP to validate all the rights related to its property, being needed the identification of the market and the products or services given by the society according to its social objective. There are four kinds of marks, as follow: - Nominative – words or names only not drawings. - Figurative – only drawings or designs without letters. - Combined – It is the union of the name and the drawing. - Three-dimensional – It is constituted by the plastic form of the product or packing, that has authentic capacity by itself separated from any technical effect. The steps for the registration of a mark are the following: Stage 1: A trademark search The search of a mark, by the kind of product or service, together with the data base should be conducted to determine whether there is a similar mark that may interfere in the registration. Stage 2: The filing form If the result of the search does not present any similarity, the file of the application for its registration can be done in the needed office. NEEDED DOCUMENTS - Copy of the registration number of the company Immediately after the filing form phase, the original protocol of the requested registration of the mark will be conducted. There are four kinds of marks, as follow: - Nominative – words or names only not drawings. - Figurative – only drawings or designs without letters. - Combined – It is the union of the name and the drawing. - Three-dimensional – It is constituted by the plastic form of the product or packing, that has authentic capacity by itself separated from any technical effect. Stage 3: PUBLICATION Around three months after, the NIIP will promote the publication of the request in the Trademark Official Gazzette of the Industrial Property. (IPG), in the form of the article 158 of the LPI, making the mark public in a formal way, starting then, a 60-day time limit to possible interventions of oppositions made by individuals or groups that may feel affected or damaged, and with the possibility of an answer. Stage 4: APPROVAL After the publication, agreed or no oppositions, the request for the registration will be examined to see the availability of that registration, and in the case it fullfills the requirements, the approval will be published in the IPG. After the approval, there is a time limit of 60 days to make the owner pay and verify the payment related to the protection of the first decade for the issue of the certificate to be valid for 10 years in the whole national territory. Stage 5: GIVEN REGISTRATION Around two years after the payment of the fees see in the previous stage, the registration of the mark will be given through a new publication in the IPG (Trademark Official Gazzette of the Industrial Property). This means that the NIIP (National Institute for the Industrial Property) has given the right ofr using the mark exclusively in the mentioned class.But, there is still a time limit for some individuals or groups that feel themselves damaged and want to start a procedure for the administrative voiding of the process. In this case there will bean answer within the time limit of 60 days from the day it was published in the IPG (Trademark Official Gazzette of the Industrial Property). Stage 6: ACCOMPANIMENT AND EXTENSION After the registration is received, it is needed to accompany the mark during the first decade. This accompaniment is weekly done throught the reading of the IPG. For this accompaniment we charge a fee when the certificate is given. I is important to mention that this payment allows the accompaniment the registration for 10 years with the appropriate notice of the moment of the extension and of any movements in the process that may have arisen during this period. OTHER STAGES It is important to mention that the description previously given is for the normal process of the requirement of the registration of a mark, and still, it may suffer of the demands, oppositions and resources or even considered unregistrable or rejected even though it is possible to think of the problems in advance for any of these situations. This will have an extra charge according to a tariff and fee list used in the time of the authorization of the service. |
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