TrademarksTrademark search, registration, renewal and responding to office actions.
Trademark prosecution and counselling
Patice attorneys are highly proficient in filing and prosecuting domestic and international trademark applications. We can help you with your trademark application or renewal, or file a response to a provisional refusal under the Madrid protocol.
Legal basis: Trade Marks Act No. 45/1997 with amendments. Trade Mark Regulation No. 310/1997 with amendments.
Membership of International Conventions: Paris Convention (Stockholm text 1967). Nice Agreement for the Classification of Goods and Services. Madrid Protocol.
Definition: Trademarks are distinctive identifications for goods and /or services for commercial use.
Establishing trademark rights: Trademark rights may be established by registration or by use.
Marks which can establish trademarks rights: Trademarks may be any sort of visible signs suited to disinguish the goods or services of one party from the goods or services of others, such as: 1. words or word combinations, including slogans, personal names, names of enterprices or real property; 2. letters and numerals; 3. illustrations and drawings; 4. the apperance, equipment or packaging of goods. A trademark right cannot be acquired for a sign, which shows exlusively a shape that is dictated by the goods themselves, a shape that is necessary due to the technical role of the product, or which is intended in some manner for a purpose other than identification.
Classification: Multi-classification system applies. A trademark can be registered for an entire class, its class heading, or by specification of goods and services. The classification is according to the Nice Agreement for the Classification of Goods and Services.
Priority: Convention trademark applications must be filed within six months from the date of the basic trademark application. The application is fully examined ex-officio as to formalities, clssification and registrability (absolute grounds) and prior rights (relative grounds).
Use requirements: A trademark registration may be cancelled totally or partially upon challenge from a third party provided the mark has not been taken into use within five years from its registration or for a period of five years of non-use, unless there are due grounds for non-use. Marks registered before 1 January 1994 will have to be used within five years from that date to avoid cancellation challenge from a third party.
Duration: Trademark rights of a registered trademark are established on the trademark application filing date and apply for ten years from the registration date.
Renewal: For a period of 10 years. Renewal requests can be filed during the period from six months before and no later than six months after the due date, that is the expiration of the registration period.
We conduct searches with short notice and give opinions regarding availability. Please contact us for further information.
FILING REQUIREMENTS FOR TRADE MARK APPLICATIONS
1. Full name and complete address of the applicant.
2. An image file of the mark in the jpg format (only for device marks or word marks of special typographical character).
3. Specification (description) of the goods and services for which the registration is sought. Classification: International Classification of Goods and Services – Nice Agreement. Multi Class System.
4. Power of Attorney is not needed for new filings made by Patice.
5. If priority is claimed a certified copy of basic application may be filed at later.
6. Home registration certificate.*. May be filed at a later date.
*does not apply to member states of the Paris Convention.