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A trademark is a sign susceptible of graphical representation serving to differentiate the products or the services of a natural person or legal entity from those of other persons; distinctive signs, as: words, including names of persons, drawings, letters, ciphers, figurative elements, tri-dimensional signs, and, in particular, the shape of the manufacturer or its package, color combinations, as well as any other combination of these signs, may be considered trademark. |
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Read more... [National Trademarks]
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The international trademark is the registerd trademark in any of the member states of the Madrid Agreement or the Madrid Protocol where the applicant has commercial interests. The international trademark system is independent from the national or cummunity trademark system. By means of the international trademark system, the applicant can obtain simultaneously national and community trademarks. Services:- Search analysis regarding the availability of a trademark for registration;
- Drafting and filing the necessary documentation for the registration of the trademark to the International Bureau of WIPO;
- Drafting answers and letters to professional colleagues located in all major countries;
- Drafting answers to notification of national or international offices;
- Drafting and filing the reply to a possible refusal from examinors;
- Drafting the reply to the oppositions of third parties regarding the registration of the trademark;
- Drafting an filing opposition to published trademark applications that infrige the clients' rights;
- Drafting the necessary documentation for acquiring consent from third parties;
- Drafting the necessary documentation for renewal of an international trademark.
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The community trademark is a sign that identifies and diferentiates the products and services of a natural or legal person from that of another person and it gives to its owner an exclusive right valid on the entire teritory of the European Union. |
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Read more... [Community Trademarks]
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The geographical indication is a sign used on the goods with precise geographical origin and that show certain qualities or have notoriety due to their origin. |
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Read more... [Geographical indications]
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A number of countries also provide for the protection of certification marks. Certification marks are usually given for compliance with defined standards, but are not confined to any membership. They may be used by anyone who can certify that the products involved meet certain established standards. In many countries, the main difference between collective marks and certification marks is that the former may only be used by a specific group of enterprises, e.g., members of an association, while certification marks may be used by anybody who complies with the standards defined by the owner of the certification mark.
Services:
- all services mentioned in chapter National Trademarks according to special registration procedures of certification marks
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Collective marks are generally owned by associations or cooperative organizations of whose members use the mark to promote their products. Usually, the owner of the collective mark sets certain standards and offers each member the possibility to use the mark if he complies with prescribed standards. Collective marks can represent an efficient way of commonly placing on the market products of a group of enterprises for which it would be difficult to make their own indivisual mark well-known by the consumers and/ or accepted to be distributed by all major distributors.
Services:
- all services mentioned in chapter National Trademarks according to special registration procedures for collective marks
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Franchising is the operation where the franchisor grants an independent operator the right to use his entire business system (including trademarks, know- how, public relation services, software, store design) according to pre established rules in exhange of a percentage of gross monthly sales. The licensed trademark is the central element of the franchising contract. In this type of contract the control of the owner of the trademark is higher than in the case of the usual trademark licensing contracts.
Service:
- assistence in drafting the franchising contract and related contracts (contract of transfer of rights over a trademark, know- how, industrial design, patents, etc.)
- assistence in registering tranfer contracts
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