INTELLECTUAL PROPERTY LOCAL TRADEMARK REGISTRATION

Timeframe

6-9 months (if no one claims rights to the same or similar trademark)

Overview

Local registration of the trademark is a mandatory step in protection of your trademark. In order to register an international trademark, local registration must be obtained at first instance.  If you do not require to have your trademark registered under WIPO’s Madrid System, you can file separate trademark applications in countries you prefer to be registered in. If the sole reason for the registration of the mark is to own the rights to the intellectual property, we usually suggest to incorporate in low maintenance fee jurisdictions. For a list of potential options, please contact our team members.There is an option to register a European Union trademark (EUTM) separately, or complementary to national trademark in a member state. EUTM secures exclusive right for a trademark in all EU member states.

Before starting the process of trademark registration, it is important to define all the relevant features of intended mark.

To be able to register the trademark it must have the following characteristics, otherwise the registration can be refused:

• trademark has to be of a distinctive character, where it is possible to distinguish the services and goods provided under it from other undertakings;
• it must be possible to graphically represent the trademark;
• signs of the trademark cannot be of a descriptive nature;
•  trademark cannot consist solely of signs that have become customary;
• trademark cannot deceive customers in regard to the nature or quality;
• trademark cannot breach the moral rights, commercial law, property and copyrights.

Therefore, while it is allowed to use the commonly used words as a part of the trademark, it is prohibited to trademark consist ONLY of such words since it would be too descriptive and deceiving.

Our services

• Registration of local company (if required);
• Preparation of forms for Local TM registration;
• Search for possible conflicts;
• Application for Local TM registration.

*The total cost may vary since prices depend on the origin of the local company, number of states where the mark will be protected and on the specific fees that each state applies.

*Our standard price does not include replies to office actions, reacting to third party responses/requests/oppositions with respect to the application.