Registration of a trademark offers effective protection of your goods/services against illegal competition. A trademark promises a consistent quality to customers and also helps the public to better identify your company.
In fact, part of the value of companies is becoming more and more linked to their trademarks. However, you must realise that registration of a trademark (trademark attorney monaco) is done according to strict rules which must be scrupulously followed. An overview of the basic procedure for registration of a trademark.
The procedure for trademark registration must be followed scrupulously.
Information to be made available when registering a trademark
Begin by clearly defining which goods and/or services you wish to be covered by the trademark. The INPI (National Institute for Industrial Protection) uses a system of classification to help you place your trademark correctly knowing that the taxes on this covers up to 3 classes of different goods and services. So, for example, the trademark can refer both to clothes, food products and sale of clothes services. Each additional class over 3 is subject to a fee fixed by the INPI. The choice in goods and services is particularly important because it defines the limits of the protection granted to your trademark.
Next, some research will have to be carried out in advance. You must find out if your trademark covers or has already covered a product/service at the request of any other company. Although this step is not really obligatory, it is considered wise to take it in order to lessen the risks of duplication and possible disputes. Be aware that the registration of a trademark or a sign very similar to a trademark already registered is a forgery. So, the risk of prosecution is very real.
Note that the research of availability can be done by consulting the on-line data base of the INPI or by requesting the help of a trademark expert (trademark filing monaco). This research can be carried out in your area of business or on the type of service and/or product to which you wish to attach your trademark.
The process for registering a trademark
Complete the form available on the Internet site of the INPI, in order to become the owner of a trademark. This document must be provided in 5 identical copies, with each copy signed by hand. A brochure is available to help you understand the form particularly with regard to ticking the boxes. For example, you will be able to maintain protection of the trademark in France or extend it to New Caledonia and French Polynesia.
Where the form contains several pages, each pages must be signed by hand. Attach evidence of payment or the specified fee. If the signatory is an agent other than the advisor in industrial property of the company, he must attach a certificate of signing authority ( a copy if standing order, original if special order).
The registration can be made directly or by mail to INPI -Direction des registres et des titres, 15 rue des Minimes – CS 500001 – 92677 Coubevoie Cedex. A fax is also acceptable provided the original documents are sent by post within 2 working days. You may also send your file on line, in electronic format or in print.
You will receive acknowledgement of receipt following your application. Note carefully the “application number” provided by the INPI. It will be useful in any further correspondence regarding your trademark.
6 weeks after receiving your request, the INPI will publish your application in the BOPI (Official Bulletin of Industrial Property). Pay particular attention to the publication notice so that you can correct any possible mistakes.
Your request will then be the object of a detailed study by the INPI. This Organisation may have objections or remarks to make with regard to the details you have supplied. Besides, anyone with a previous entitlement has the right to oppose the registration of your trademark if it affects his. You are free to choose how to resolve your file or refute any arguments before the definitive registration of your trademark which will be the object of a new publication in the BOPI. After all these stages, you will receive a registration certificate.
Finally, your trademark (trademark renewal monaco) will entitle you to forbid any unauthorised persons from using this trademark for any products/services similar to yours, as well as challenging the registration of signs like yours by competitors.