Trademarks are key to giving your business a distinctive character, allowing your target public to clearly distinguish it from the rest. Therefore, they are essential for corporate and commercial success, granting you the exclusive right to use the words, images, and logos associated with your goods or services, and to strengthen the credibility and reputation of your business.
It is important to note that there are various types of trademarks that can be registered.
Consisting only of verbal elements, more specifically words, including personal names, letters, or numbers.
Consisting only of figurative elements, such as drawings, images, or pictures.
Consisting of verbal and figurative elements.
Consisting of the outside shape or packaging of a product.
Consisting only of sounds.
Therefore, it is imperative that you define the type of trademark before proceeding to register it. This, in turn, will be a strategic move in order to differentiate your business.
Trademark life cycle
Trademarks are so important for a business that the development and management process of such assets becomes increasingly complex. As such, Inventa has developed services for every possible stage of your trademark's life cycle, guaranteeing its maximum protection.
The first step is to identify the trademark to register, decide which jurisdictions to pick and what products and services will the registration cover. Our experts will guide you through this stage, and offer you advice on the best way to achieve your goal.
Inventa works with a team of experts that offer you a research and consultancy service. This service not only confirms the true feasibility of your trademark registration, but also detects potential legal conflicts or other situations that may involve other types of intervention - including the negotiation for purchasing an already registered trademark that could be of interest to you.
The trademark application is one of the most important steps for protecting a trademark. Inventa can take on the management of the entire process, from providing necessary information and documentation to closing out the project. We do everything to ensure the maximum speed and efficiency during the process of registering your trademark.
Inventa can ensure the monitoring of trademark applications submitted in several jurisdictions and warn you every time it detects a mark that is the same as or similar to yours. We also provide you with the best prevention strategies and measures for protecting your rights.
There may come a time when it makes sense to expand your business and internationalize your trademark. At that stage, Inventa can provide you with all the necessary information and documentation regarding the relevant jurisdictions. We can also advise you on the best strategies for internationalizing your trademark, according to the distinct characteristics and registration proceedings of each targeted market.
Any trademark infringement is a situation that, when it occurs, requires complex mechanisms of legal intervention in order to be effectively dealt with. Inventa’s team of experts can handle this for you, suggesting at all times the best strategy for action and assessing the impact that any legal conflicts may have had on your trademark.
Learn about the trademark registration service and its follow up that Inventa can provide to you.
With your help, we identify the trademark to be registered and point out the elements worthy of protection, according to Trademark Law.
We define the best registration strategy, depending on the jurisdiction in which you wish to obtain protection, taking into consideration the many regional/international mechanisms for international protection.
Since the costs may vary depending on the number of classes, we identify the international classes corresponding to the goods/services you wish to market with your trademark.
At this moment, you should conduct a trademark search (optional but highly recommended), be it with or without a legal opinion, in order to identify whether the trademark is free to be registered.
We analyze whether the formal requirements have been met and submit the application for registration to the respective PTO.
During this phase, the relevant PTO will analyze whether your trademark is confusingly similar to previous trademark. We monitor the process up to the final granting.
After the publication of the trademark, third parties may submit an opposition against it being granted. We can respond to any objections, with the aim of ensuring that your trademark is registered.
You can extend the protection of your trademark at any time through national, regional, or international registrations in other jurisdictions.
Obtaining the rights to a trademark is of no use if you do not then exercise these rights. Therefore, it is necessary to be always on the lookout for infringements.
What is a trademark?
It’s important to understand that a trademark is composed by signs, expressions and/or drawings that can be graphically represented, allowing the company to distinguish itself from the remaining. Owning a trademark gives the owner the exclusive use of that graphical representation, as well as protection against imitations or counterfeit products.
Why should I register a trademark?
You should register your trademark for one very simple reason: if you don’t register it, there is a chance that someone else might do it for you, thereby keeping the monopoly of your trademark and stopping you from using, producing or marketing it. Therefore, registering your trademark will reinforce your intellectual property’s legal protection and prevent others from using it without your prior consent. After the registration, you can use the (r) symbol, allowing others to know that your trademark has been officially registered.
When should I register a trademark?
The registration process should always take place before you start to produce, sell, or disclose your product or service. This will ensure the exclusivity of your asset and prevent competitors from getting a head start and register a trademark in your place. As such, early protection assured by a timely registration is critical to the success of your business.
Is a trademark registration valid worldwide?
There is no registration that can protect your trademark on a global level. As such, it is important to register your trademark in the countries that you have targeted for expansion. This will ensure maximum protection in your points of export or commercial interest.
Do trademarks require any sort of precaution before being registered?
There are indeed some precautions that should be taken before proceeding to register a trademark or logotype:
● Online Trademark Search: an online search will let you know, at an early stage, if there are other trademarks similar to the one you have created, so that you can decide whether or not to proceed with the registration of your trademark.
● Technical Trademark Search: very often, an online search is not sufficient to determine the feasibility of a trademark registration. For that reason, Inventa works with a team of experts that offer you a research and consultancy service. This service not only confirms the true feasibility of your trademark registration, but also detects potential legal conflicts or other situations that may involve other types of intervention. This includes the negotiation for purchasing an already registered trademark that could be of your interest.
How can Inventa help me with a trademark application?
Inventa offers you a full and integrated intellectual property service provided by highly-specialized teams. These teams have experience in the registration and management of trademarks, patents, industrial designs, copyright, and domain names. We can, therefore, carry out a follow-up on all research processes prior to a trademark application, as well as a permanent monitoring of the market, patent portfolio management, and the internationalization and protection of your industrial property rights.
Being an international company with a network of contacts on a global scale, Inventa provides these services to thousands of clients all over the world. We ensure them total protection of their assets and a permanent defense of their interests and rights. At all times, we rely on the support of specialized teams and state-of-art technological systems, which ensure you the maximum degree of protection for your business.
What are classes used for?
The international classes are used for registering trademarks as determined by the Nice Classification. They constitute an administrative system that allows goods or services to be grouped into sets (classes) which are more or less similar.
Imagine that your company produces potato chips, sandals, shirts, and owns a restaurant and you want to register your trademark “XYZ” to identify these goods/services.
In that case, your trademark “XYZ” will be registered in the following international classes:
Class 29 - french fries.
Class 25 - sandals; shirts.
Class 43 - services for providing food and drink.
What are these classes used for?
The international classes for registration of trademarks are useful to the administrative institutions that deal with trademark proceedings, because trademarks are put together into groups of goods or services with some sort of affinity.
The identification of these classes is essential when applying to register a trademark, as it is required by the PTOs (Patent and Trademark Offices) responsible for trademark registration.
What is the Nice Classification?
Several PTOs worldwide have adopted the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. The agreement established a Nice system with 45 classes, which group sets of goods and services together.
Of the 45 existing classes, classes 1 to 34 correspond to goods; classes 35 to 45 correspond to services.
Thus, an entity that requires a trademark will necessarily have to indicate the classes corresponding to the goods and/or services it wishes to protect.
You can consult the complete Nice Classification list here.
Why is the Nice Classification important?
Considering that approximately 150 PTOs around the world apply the Nice Classification, determining the classes at an early stage becomes a critical step in order to proceed with the trademark application.
The Nice classes influence the costs of registering trademarks, since the official fees vary according to the number of classes. Our consulting service will, in that sense, be useful for the proper identification of relevant classes and of the costs expected when registering a trademark.
In addition, since this classification is used by many countries around the world, something which not only facilitates the internationalization of your trademark, but also reduces any translation costs related to your protected goods and/or services.
What is the difference between mono-class and multi-class systems?
Some countries provide in their legislation that each international class of goods or services corresponds to one trademark. This makes it necessary to submit a different trademark application for each international class identified. These jurisdictions are therefore known as mono-class systems.
Other jurisdictions state that a trademark may be registered in more than one class through a single application, thus forming a multi-class system.
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