A trademark is any sign or combination of signs that helps to distinguish one product or service from another. It can be a word, a drawing, a number, a color, an emblem, a slogan, the shape of a product or packaging, even a sound or movement. Such a chosen brand eventually becomes a hallmark that helps customers to recognise your products or services, distinguishing you from others.
To prevent others from using your intellectual property, we recommend and help you register your trademark. Registration of a trademark is possible when the trademark meets all the absolute requirements applicable to it: it has a distinctive character; is not of a general, descriptive nature, consisting of official symbols or geographical indications of states; is not contrary to public policy or morality; it does not contain linguistic errors and is not a barbarism. It is also important to make sure that the trademark meets the relative requirements – that the rights to this sign do not belong to other people.
If the trademark meets all the above requirements, an application for its registration is filed. After an expert examination by the Patent Office and after the opposition period has expired, the trademark is registered and exclusive rights are granted to its owner. The registration of a trademark is valid for 10 years and may be renewed every ten years for the same period as long as the trademark is required and used by the applicant.
If the trademark meets all the above requirements, an application for its registration is filed. After an expert examination by the Patent Office and after the opposition period has expired, the trademark is registered and exclusive rights are granted to its owner. The registration of a trademark is valid for 10 years and may be renewed every ten years for the same period as long as the trademark is required and used by the applicant.
Trademark protection is available at national, European Union or international level. Therefore, before registering a trademark, it is important to consider on which markets you intend to operate. In the case of exports, it is worthwhile protecting the trademark in specific foreign countries as well, even before starting the actual activity. This way, you can be sure that your business will be safe, as you will already have exclusive rights to use the trademark, and you will be able to take defensive action in the event of a violation of these rights.
We evaluate the possibilities of trademark registration: we determine whether the mark to be registered meets the absolute requirements provided for in the Law on Trademarks and whether it can perform the main function of a trademark – to distinguish the goods and services of one manufacturer from another. We also search for previous trademarks and identify potential opposition risks. We evaluate the probability of defending a trademark registration in the event of a protest or claim.
We analyse the specific situation and propose a trademark registration strategy for the most cost-effective and strongest protection. We promptly register the trademark and keep you updated on each stage of the process.
We monitor the validity of trademarks and inform about its expiry in a timely manner; we also prepare documents for the extension of trademark protection. This must be done within the last year of the validity of a trademark and, with a premium, within 6 months of its expiry. Timely renewal is required; if the renewal period is exceeded, it is no longer possible to restore the trademark.
We monitor newly registered trademarks and notify you of potential violations. The essence of trademark monitoring is to detect an identical or similar trademark at an early stage and cancel the registration by filing an opposition with the Patent Office.
Monitoring and claims against similar or identical trademarks prevent these brands from appearing on the market. Failure to monitor trademark rights may result in the appearance of conflicting marks in the registers, which would infringe the exclusive rights to your registered trademark. If these brands are registered, there is a high probability that they will be put into use. In such cases, the trademark owner will be too late to notice that a trademark similar to his/hers has become effective and may suffer a loss of revenue. Finally, it will be more expensive and more difficult to reach an agreement on ending the use of identical marks.
We perform post-trademark registration procedures and can help dispose of a trademark: we can transfer, pledge or grant licenses for others to use your intellectual property or any part thereof in relation to a particular territory or product, thereby obtaining material benefits for you.