Types of Brand
Before filing a trademark application -whatever the trademark and wherever it is to be protected- it is crucial to identify which products and/or services such a trademark is intended to include.
At the same time, it will be necessary to identify the States in which the application for the registration of the trademark is to be filed.
Here are brief notes on some types of trademark:
Trademark registration is valid for 10 years from the filing date of the application and may be renewed indefinitely for equal periods of time. Subject to revocation the trademark must be the subject of actual use by the proprietor or with his consent, expressly for the products or services registered, within five years from registration, and such use must not be suspended for an uninterrupted period of five years, unless the non-use is justified by legitimate reason.
The registration of a Community trademark is valid for 10 years from the filing date of the application and may be renewed indefinitely for equal periods of time. The Community Trademark has a unitary character. It has equal effect throughout the Community: it is not registered, transferred or surrendered or the subject of a decision revoking the rights of the proprietor or declaring it invalid, nor its use can be prohibited, save in respect of the whole Community.
If, within a period of five years following registration, the proprietor has not put the Community trademark to genuine use in the Community for the goods or services it was actually registered, or if such use has been suspended during an uninterrupted period of five years, the Community trademark is subject to the sanctions provided for in the Community Trademark Regulation (no. 207/2009), unless the non-use is justified by legitimate reason.
International trademark registration is valid for 10 years from the date of registration and may be renewed indefinitely for equal periods of time.
In spite of the terminology that would suggest the opposite, the international trademark is not valid worldwide; at the moment there are no trademarks characterized by this type of extraterritorial “global” validity.
In the case of an international trademark, the proprietor is required to identify the States in which he wants to obtain protection and the trademark will be reviewed separately by the various Patent and Trademark Offices of designated States. Upon completion of various stages of examination, the trademark may obtain protection in all or only in certain designated States.
Not all States can be protected through the registration procedure of the international trademark; those which did not accede to the relevant Convention are excluded. These Countries (some of which have, in the current historical phase, strategic relevance from a commercial point of view) in any case can be protected through domestic registration.
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