We advise on the search for the most appropriate and feasible signs, carrying out a search of previous registrations in order to determine the availability of the chosen names.
We prosecute trademarks in any country or trademark office around the world (see Scope of Registration), including spanish trademarks and commercial names, community trademarks, international trademarks, and registrations in any country of the world through a worldwide network of associates. Procecusion includes the monitoring and defence of registrations filed.
We monitor the official publications of the trademark offices, to inform our clients about subsequent registration applications which may conflict with their registered signs. We prepare objections or oppositions to the registration of these signs, if appropriate.
We update registrations, controlling the due dates for payment, informing the client of the need to make payments and renewals and making payments at the corresponding office.
We provide advice on judicial and extrajudicial action, including the processing of summons, drafting of coexistence agreements and licensing contracts, evaluation of Industrial Property assets, etc. We work with a team of lawyers with extensive experience in trademarks matters, for lawsuit filing or for defending our clients’ interests in lawsuits initiated by third parties.
A trade mark is any sign which serves in business to distinguish the goods and services of one undertaking from those of other undertakings and over which the owner has an exclusive right. Their use, except in special cases, does not grant any right, so they need to be registered in order to be protected. Registration is carried out in relation to the goods and services we wish to protect in accordance with an international classification which includes a total of 45 classes.
The registered trademark confers on its proprietor an exclusive right therein. The proprietor is entitled to prevent all third parties, who do not have his consent, from using in the course of trade the same or similar signs for identical or related goods and/or services as those protected by the registered trademark.
Commercial names are used to identify a company in commercial trade and differentiate it from other companies carrying out identical or similar activities. Registration is carried out in relation to the goods and services we wish to protect in accordance with an international classification which includes a total of 45 classes.
Registration confers on its proprietor an exclusive right therein. The proprietor is entitled to prevent all third parties, who do not have his consent, from using in the course of trade the same or similar signs for identical or related goods and/or services as those protected by the registered commercial name.
Applications for Spanish trademarks and commercial names are filed at the Spanish Patent and Trademark Office (OEPM) and protection is granted throughout Spain.
Applications for the EU trade mark are filed at the Office for Harmonization in the Internal Market (OHIM), and protection is currently granted in 28 member countries of the European Union: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Slovakia, Slovenia, Estonia, Finland, France, Greece, Hungry, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, the Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Rumania and Sweden.
Applications for the International Trademark are filed at the International Office of the World Intellectual Property Organization (WIPO) and protection is granted in those countries listed in the application and in extensions requested at a later date. The International Trademark may only be filed for countries that are party to the Madrid Agreement and/or the Madrid Protocol. Applications must always be based on a previous application or registration identical to that which is filed.
Applications are filed at the corresponding Office in each country and protection is granted in the specific countries for which registration is requested. Individual registration is required in order to obtain protection in these countries.