Before we proceed to answer the most frequently asked questions FAQ´s, we would like to briefly answer the questions our clients always ask at our first meeting, which without a doubt are always related to cost, how long the registration is valid for and the benefits of registration, all the while keeping secret the reason for the enquiry.
Our answer is always the same; we strive to offer the best price for the service that best meets your needs and always advise of the total cost involved for the whole process.
The benefits of registration are unquestionable for any individual or company doing business.
It protects against infringement during the time the trademark is valid.
Last but not least, as Attorneys and Official Industrial Property Agents we have a legal obligation to maintain the information secret and shall maintain any information learned from our client confidential.
What is a trademark?
- Industrial property rights protect the interests of creators, be it an individual or a company, by giving them property rights over patents, trademarks, designs, utility models, commercial names.
- In essence, it grants exclusive rights to the use of inventions, designs or distinctive signs and the right to prohibit third parties from using or imitating them.
How important is it to register a trademark?
- Not owning your trademark greatly hinders your business activity and leaves open the possibility of competitors using your sign. Only through registration can you enjoy full property rights to sell, assign or license your trademark or prevent its use by a third party.
What is an Industrial design?
- An industrial design is the ornamental or aesthetic aspect of a useful article.
- This aspect may depend on the shape, pattern or colour of the article.
- The design must have visual appeal and perform its intended function efficiently. Moreover, it must be able to be reproduced by industrial means; this is the essential purpose of the design, and is why the design is called industrial
¿Qué es un diseño industrial?
- En el ámbito de la Propiedad Industrial se entiende por diseño industrial la apariencia u ornamentación de un producto, que hacen que visualmente sea diferente a otro sin tener en cuenta ninguna de sus características técnicas o funcionales.
Should I register my trademark as a Community Trademark?
- If your company is doing business in any country of the European Union, it is advisable to register your trademark as a Community Trademark.
What is a Community Design?
- A registered Community Design grants on its holder the exclusive right to use it in the 27 Member States of the European Union and prevents third parties from using it without consent.
- If in the future a territorial enlargement of the European Union should occur, the Registered Community design RCD would automatically be valid in the enlarged territory without the need to apply or pay any additional fee.
- Community Designs are governed by a single legal system providing strong and uniform protection throughout the European Union and making them easy to register:
- There is one application
- One language of filing
- One administrative office
- One file to manage
- An application may be filed directly before the OHIM, personally or online, or it may be filed before the national Patent and Trademark Offices.
- The cost of registering a Community Design is 350 Euros, with fees payable for registration, publication and deferment of publication and may vary depending on the number of designs included with the application.
- A registered Community design is initially valid for five years from the date of filing and can be renewed in blocks of five years up to a maximum of 25 years.