Trademarks
What is a trademark
A trademark is a word, name, symbol or device which is used in trade with goods to distinguish them from the goods of others.
All new signs that can be represented graphically can be registered as trademark, especially words, including personal names, drawings, letters, numbers, sounds, the shape of products or of packageof products, chromatic combinations and tones, as long as they can distinguish the products or services of a specific company from other companies.
Trademarks are registered for one or more classes in relation to the products and services to be distinguished. In case of conflict, the owner of a trademarks with earlier registration has a priority right against those who register and/or use an identical trademark or a trademark that can be confused with the earlier trademark.
In order to be in conflict two trademarks must be registered and/or used in relation to the same goods. Based on this principle the law admits the amiably coexistence of trademarks that designate different goods even if they are totally similar.
All new signs that can be represented graphically can be registered as trademark, especially words, including personal names, drawings, letters, numbers, sounds, the shape of products or of packageof products, chromatic combinations and tones, as long as they can distinguish the products or services of a specific company from other companies.
Trademarks are registered for one or more classes in relation to the products and services to be distinguished. In case of conflict, the owner of a trademarks with earlier registration has a priority right against those who register and/or use an identical trademark or a trademark that can be confused with the earlier trademark.
In order to be in conflict two trademarks must be registered and/or used in relation to the same goods. Based on this principle the law admits the amiably coexistence of trademarks that designate different goods even if they are totally similar.
The term of trademarks is 10 years from the filing date.
After ten years trademarks can be valid - theoretically indefinitely - for successive ten-year periods of time through the presentation of specific renewal applications.
Registered trademarks are subject to forfeiture for different reasons as set forth by the Law.
In particular, it must be noted that registered trademarks can forfeit in case of no use for five years from the registration date or when use has been suspended for five years without interruption.
After ten years trademarks can be valid - theoretically indefinitely - for successive ten-year periods of time through the presentation of specific renewal applications.
Registered trademarks are subject to forfeiture for different reasons as set forth by the Law.
In particular, it must be noted that registered trademarks can forfeit in case of no use for five years from the registration date or when use has been suspended for five years without interruption.
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