swinging

Frequently asked questions

Why verify brand registrability?

It is worth to verify that your new brand or domain does not conflict with existing trademarks. In the long run, you can save a lot of money by avoiding the costs of rebranding and litigation over the right to use the brand.

Why should you register a trademark?

Trademark infringement is, in fact, quite common. Protecting your brand is therefore increasingly important. By registering a trademark, no one will be able to use your brand without your consent. This will increase the reputation of your brand, its growth potential and the loyalty of your customers.

What is the purpose of a trademark?

The trademark protects your ideas, know-how and investments. The entire value of your brand, its philosophy, values, employees, products and intangible assets, is summarized in the trademark. A registered trademark is a way of expressing the investment you have made in your brand. Its value is part of the company's assets. When you register your trademark, you are authorized to use the ® mark.

What is a trademark?

A trademark is a word, phrase, symbol and/or design that identifies and distinguishes goods or services of one party from those of another. It is the label used in stores, based on which customers identify certain products as yours. A trademark is part of your intellectual property and summarises your values. It might be crucial to the success of your business, since it differentiates your products from those of the competition. By registering your trademark, you are both protecting and developing your brand. You are authorised to use the ® mark alongside the trademark.

What can constitute a trademark?

A trademark can consist of any element which can be represented graphically. It usually consists of words, including proper names, letters, numbers, drawings, shape of goods or their packaging, or combinations thereof, which is capable of distinguishing goods or services of one party from those of another.

What is the validity of a trademark, and how can you renew it?

The registration of a trademark is valid for ten years from the filing date of the application. The Office renews the registration of the trademark for another ten years at the request of the owner of the trademark or of the lien creditor.

If a word or a symbol is protected by a trademark, will this word or symbol be protected from use by another party?

Without the consent of the owner of the trademark, third parties may not use a symbol identical or similar to his trademark for identical or similar goods or services for which the trademark is registered in the course of trade, on grounds of likely confusion by the public. The trademark owner is entitled to use the ® mark together with the trademark. Trademark disputes are heard and decided by courts. If an unauthorized interference with the rights in the trademark is found, the owner of the trademark has the right to demand that the infringement or threat to the right is prohibited and the consequences of such interference are removed; he can demand adequate retribution, including monetary settlement.

Can the trademark owner exercise his rights for the use of the internet domain?

Yes, in the territory for which the trademark is registered, if the internet domain designation is identical or similar to the trademark registered in the trademark register and if the use of the internet domain is connected with the designation of goods or services for which the trademark in question is registered in the trademark register. Acquisition of domain names and their use is not regulated by the state, there is no public register of domain names. In the area of domain names, the right of priority applies. There cannot be two identical domain names throughout the domain name network. A domain name in which a word is used which is the dominant element of a trademark registered in the country register of trademarks or of an internationally protected trademark or trademark of the European Union is considered to be in conflict with the rights of the trademark owner.

Is it possible to protect the trade name of a company with a trademark? How to proceed?

The trade name can be protected by a trademark as a mark that will be used on products, advertising materials, or in relation to the services provided. An application for registration of a trademark must be submitted, along with the list of goods and services that shall be protected by this representation or wording. A business name is the name under which an entrepreneur performs legal acts in the course of his business and which also distinguishes him from other parties. It is always associated with the designated entity (natural or legal person) and arises and ceases with it. The entry of a trade name in the Commercial Register does not fall within the competence of the Office. The function of a trade name is to distinguish different entrepreneurs, but the main function of a trademark is to distinguish goods or services originating from different entities, i.e. identify goods or services of one person in relation to goods or services of other parties in the eyes of the consumers.

How do we classify goods and services which must be included in the application for registration of a trademark?

Since the main function of a trademark is to distinguish goods and services of different parties, it is necessary to indicate the specific goods or services for which the trademark is to be registered in the registration application. This list of goods and services must be prepared according to the International Classification of Goods and Services for the Purposes of the Registration of Marks.

Can I request another class to be added to the list of goods and services after the application has been filed?

The original list of goods and services, which forms part of the trademark application, cannot be extended, only limited. In other words, it is not possible to add other goods or services to an already filed application. Any need to protect other goods or services with a trademark (not included in the trademark to be registered) can be solved only by filing a new trademark application.

Is it possible to apply for protection of two different signs in one application for registration of a trademark?

This is not possible, because legally, a single trademark application may relate to only one mark.

What is the fundamental difference between a European Union trademark and an international trademark?

A European Union trademark provides protection within the joint territory of the States of the European Union, the application for which shall be filed with EUIPO in Alicante. In the case of its registration in the EUIPO trademark register, its protection lasts for 10 years from the date of filing the application and can be renewed every 10 years. The international trademark meets the needs of those applicants who need to protect their mark in countries outside of the European Union, in the Contracting Countries of the Union of Madrid. The applicant shall indicate in the application the states in which they seek protection, while it is later possible to request the extension of protection to other countries of the Madrid system. Each country will examine the application in accordance with its own legislation and will decide whether to grant or refuse protection based on this assessment. The international trademark is valid for 10 years from registration, and can be renewed every 10 years.