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GTA's International
& European Union Trademark Services
What is a Trademark?
A trademark refers to a word, a phrase, a design, a symbol, or a
slogan that is used to distinguish a product from those of competitors.
Trademark law serves as a means to protect the public from being
confused about the origin or quality of a product. A company may
lose exclusive right to a trademark if it fails to actively defend
it against infringement.
What is the GTA Trademark Search
Report?
By ordering GTA’s trademark search report, you will be able
evaluate the probabilities of registration without problems. Approximately
one third of all trademark applications globally are never completed
because of objections that normally arise during the registration
process because of similarities to other registered trademarks.
Along with the registration search and recommendations, the GTA
search presents a completed form on how and where the trademark
should be filed. By allowing GTA to complete the registration
process you can ensure that your trademark has been registered
correctly.
The European Community Trademark
(CTM)
A CTM application and a CTM are valid in the European Community
as a whole. The application and the ensuing registration extend
automatically to all 25 Member States of the European Community
indivisibly. It is not possible to limit the geographic scope
of protection to certain Member States. Furthermore, there is
one single registration procedure, which is centrally handled
before the OHIM (Office for Harmonization in the Internal Market).
No actions before the national industrial property offices are
necessary. In addition, invalidation, a refusal or the expiry
of the CTM necessarily applies for the whole of the Community.
Lastly, the CTM is one single asset of property. It can only be
transferred for the whole of the Community and not with respect
to individual countries. However, territorially or otherwise limited
licenses, even limited for a particular Member State, are possible.
A CTM may consist of any signs capable of being represented graphically,
particularly words, including personal names, designs, letters,
numerals, the shape of goods or of their packaging, provided that
such signs are capable of distinguishing the goods or services
of one undertaking from those of other undertakings.
The procedure for the registration of a CTM is an examination
procedure which comprises the following three main parts:
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Examination of the application, which includes
whether or not a filing date may be accorded, the formalities
examination and the examination as to absolute grounds for refusal,
during which search reports are established.
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Publication of the application.
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The procedure up to registration which may
comprise opposition proceedings.
On the basis of one application, protection may presently be
obtained in Austria, Benelux (Belgium, the Netherlands and Luxembourg),
Cyprus, the Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta,
Poland, Portugal, the Slovak Republic, Slovenia, Spain, Sweden
and the United Kingdom.
Registering the International
Trademark (Madrid Protocol Trademark)
The Madrid Protocol is a system for the international registration
of trademarks, of which over 77 countries are currently members.
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Individuals or companies in any of the member
countries of the Madrid Protocol may apply for registration
of a trademark in other member countries on the basis of a national
application or registration of a trademark.
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It is easier and cheaper to submit one international
application via the Madrid Protocol than to apply separately
in each country.
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The number of member countries is constantly
increasing. A registration under the Madrid Protocol will enable
the holder to extend this registration at a later date to apply
to new member countries. This is known as "subsequent designation".
Registering a
US Federal Trademark
If you sell your goods or services in the United States you are
strongly advised to obtain a US trademark. GTA can assist with
the preparation and filing of trademark application with the United
States Patent and Trademark Office as well as assisting with the
digitalization, color adjustment and compilation of specimens and
designs.
GTA provides a full range of Trademark
consulting and registration services. For clients wishing to learn
more about the registration of Intellectual Property Rights, Trade
names and Devices” please contact our London
office.
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