TRADE MARKS

TRADE MARKS

1. A trade mark is the symbol by which the goods of a particular manufacturer or trader can be identified and distinguished from the goods of others.

2. The brand or trade mark, in which a business wants to create value and become identified by in the market, can be a word, a signature, a monogram, a picture or symbol, a logo or a combination of these. More recently, colours, smells, shapes and sounds

3. Generally speaking, surnames, geographical names and words descriptive of the goods or services concerned should be avoided, as these may be generic names, which the general public is entitled to use and thus are difficult to protect for exclusive use

4. The word or symbol should be distinctive (but not descriptive)

5. The best names are invented words, as these are not likely to be generic or descriptive of the goods

6. Company owners should understand that registering their company or business name at a companies’ registration office (CRO) does not provide any IPR in the name or words chosen

7. Only a trade mark provides legally enforceable monopoly rights for the owner of the specific word(s) or logo registered under the mark (registered at the patents and trade mark office)

8. It may be possible in certain countries for a company to assert ‘unregistered rights’ over a mark if it has been used by the company in the marketplace for some time

9. Protection for a trade mark is granted by the patent and trade mark office in the country in which protection is sought. To qualify for registration, the mark:

   • Must be distinctive;
   • Must not be descriptive of the goods
   • Must not be capable of deception or confusion with marks already applied for or registered

10. Preparing for a trade mark registration.

    • The initial step in preparing for registration is to perform a trade mark search to establish that there are no conflicting marks already in existence
    • application for registration of the mark.
      • he application is made with respect to the class of goods and services for which the mark will be used, from among the 45 designated classes (34 for goods and 11 for services) of the International Nice Classification of Goods and Services

11. International Registration

    • There are two main international agreements on trade mark protection – the Community Trade Mark (CTM) and the Madrid Protocol.

12. Duration of a Trade Mark

    • The term of a trade mark in most countries is for 10 years, which may be renewed indefinitely for subsequent 10-year terms.

13. Mónica Valencia Alzate September 23 Group 212032_93

14. • Colombian office in charge of rule the registration

    • Super Intention of Industry and Commerce

15. Requirements and fees for registration

    • In Colombia (year 2019), registering a brand costs $ 925,000
    • Perform a marked background search, in order to verify that the brand of interest is not registered. ... Pay the official fees established by the Superintendence of Industry and Commerce.

16. Registration process according to the type of IP

    • Step 1: know ... What is a brand? What can be registered as a brand Step 2: check the trademark history ASOS Step 3: classify products and / or services Step 4: submit the application Paso 5: seguimiento del trámite