Infographic: what is and how to register a trademark
1. www.fiammenghi-fiammenghi.it
E u r o p e a n P a t e n t A t t o r n e y a n d L a w y e r s
IS A DISTINCTIVE TRADEMARK
that serves to distinguish the
products or services that a company
produces or offers for sale
is a symbol that allows a
company to communicate
a complex message
to customers
WHAT
NOT
Pure Color
Combinations Words Letters Digits
or
colors
SoundDesign Product
Shape
as long as it has its own
distinctive capacity, it does not consist
exclusively of the shape sets
occurring in nature from the product
scent
trademarks
NO
All trademarks which can be
represented graphically are
acceptable:
BY LAW
Must have the
following features:
News:
Not to be confused with
other distinctive trademarks
distinctive capacity
legality
Not contrary to law, public order
and morality;
It should not mislead
consumers about the geographic
origin, features and qualities of the
related
products and services
W
H O CA
N
REGISTER
MAIN CLASSIFICATIONS
Service Trademark
distinguish services rendered
by the entrepreneur
Trademark
affixed by the
manufacturer and
trade affixed by the
dealer
Brand name, generic
brand and mixed brand
Strong Trademark
Is an imitation trademark
with no conceptual relevance
to the product
Suggestive Trademark
Refers to one or more product
features (being too descriptive)
Weak Trademark
Has a limited distinctive ability
Imitation Trademark
doess not make any reference
to the product
For example:
Generic Trademark Il
The brand is identified
with the product
For example:
Shape Trademark
for example:
Descriptive trademark
describes the quality of the
product but does not identify
with the name of the product
For example:
PURPOSE
WH AT
Enable consumers to
identify a product/service
of any given company
Build a relationship of
trust with their customers
Protect the investment made
to promote the sale
of a product/service
THE TRADEMARK MAY BE
Individual
Belongs
to a single firm or
person
Collective
use is granted
to those individual
companies that seek
to comply with provisions
in the regulation of use
National
the request must
contain the following:
Community
trademark only valid in the EU
Can be registered,
transferred or abandoned,
declared null
or or lapsed and
its use will be prohibited only
for the European Community
Could be registered, with
a single application but
the designated countries
will examine
the request individually
International
trademark valid in all
countries designated
EST. 2006
H O W T O
R E G I S T E R
The registration is granted
for a period of 10 years
from the date of filing the application
and may be renewed indefinitely
for further periods of 10 years
1A
THE TRADE MARK
X identification
of the applicant
X possible right of preemption
X reproduction
of the trademark
X product list
... and COMBINATIONS
of these...