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How to Internationally Protect Your Trade Mark Through the Madrid System?

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How to Internationally Protect Your Trade Mark Through the Madrid System? How to internationally protect your trade mark through the Madrid system? 1. The importance of trade mark protection The importance of trade mark protection a) What is protectable as a trade mark? How to manage your trade mark portfolio A trade mark is a sign that is capable of distinguishing the goods or through the Madrid system services of one undertaking from those of others. SME case studies In general, it is possible to distinguish several trade mark categories: Take-away messages • word marks consist exclusively of words, letters, numerals and other standard typographic characters; Glossary of terms • figurative marks consist exclusively of figurative elements; Related links and additional information • figurative marks containing word elements are signs with a combination of verbal and figurative elements; • shape marks consist of a three-dimensional shape; • shape marks containing word elements are shape marks containing verbal elements; • position marks protect the specific way in which the mark is placed on or affixed to the product; • pattern marks are signs where a set of elements are regularly repeated. Some trade mark systems grant protection to ‘non-traditional’ trade marks. This special category includes marks that differ from the usual concepts (i.e. words, designs, logos, letters or combination of letters), such as (i) colours, (ii) motions, (iii) sounds, (iv) scents and (v) holograms. Although non-traditional marks exist across the world, not all countries allow them to be registered. For example, sounds are registrable as marks in Mainland China, Brunei, Indonesia, Malaysia, Singapore, Thailand, Argentina, Bolivia, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela. Scents are protected in Malaysia, Singapore, Argentina, Bolivia, Colombia, the Dominican Republic, Ecuador, El Salvador, Guatemala, Mexico, Nicaragua, Panama and Peru. In Argentina, Malaysia and Singapore, it is also possible to register motions as trade marks. Holograms can be registered as trade marks in Indonesia, Malaysia, Singapore and Vietnam. 2 How to Guide - How to internationally protect your trade mark through the Madrid system? How to Guide - How to internationally protect your trade mark through the Madrid system? 3 The lack of widespread standards and uniform criteria for Such activities are essential to avoid refusals issued by the their protection and representation, the difficulty in solving IP offices of the countries in which protection is sought. Prior conflicts between such signs, and the lack of technological availability searches are also essential to reduce the risk of tools for the correct registration of the same, make the conflicts with third party owners of prior rights (administrative protection of non-traditional marks particularly difficult. opposition proceedings or legal actions) and to avoid the related litigation costs. b) Why should you protect your trade mark? The World Intellectual Property Organization (WIPO) and The registration of a trade mark endows its owner with national/regional IP offices make databases available to several benefits. applicants wishing to check the availability of trade marks. WIPO’s Global Brand Database (https://www3.wipo.int/ First of all, trade marks are property assets that can be branddb/en/) is an aggregate search portal; it enables bought, sold and licensed. Therefore, trade mark protection applicants to search for trade marks previously registered enables companies to access new markets through licensing, under the Madrid system and it also includes many national franchising and other contractual arrangements developing trade marks. However, it does not include national trade overseas manufacturing, marketing and distribution. It also marks filed directly with some of the contracting parties. allows co-branding and sponsorship agreements (through For this reason, searching the online databases of national/ which the owner can extend its business and enhance its regional IP offices is also recommended. market power) to be built. Other aggregate search portals are TMview (https://www. In the light of this, it makes strategic sense for companies tmdn.org/) and ASEAN TMview (http://www.asean-tmview. to significantly invest in their intellectual property (IP). org). Legal protection (in terms of registered trade marks) is a fundamental part of defining rights: in many countries, only TMview includes trade mark registrations and applications a registered trade mark grants its owner the right to stop filed in many IP office across the world, including in others from using identical or similar marks. In the absence Argentina, Brazil, Chile, Colombia, Costa Rica, Cuba, Mexico, of legal protection, all marketing and commercial efforts can Peru and Uruguay in Latin America (LA) and Brunei, easily be frustrated as third parties can’t be prevented from Cambodia, Laos, Malaysia, the Philippines and Thailand in using an identical and/or confusingly similar trade mark for South-East Asia (SEA). identical and/or similar products. In other words, a registered trade mark allows its owner to protect their brand reputation At the same time, ASEAN TMview is an online database of and defend their IP rights (IPR) against unauthorised use. trade mark registrations and applications filed in participating SEA countries (except Myanmar). c) How to check trade mark availability The box opposite details the national IP office databases Before filing a trade mark application, carrying out searches available online. to check if identical or similar marks are already registered in the market of interest is highly recommended. As the free online tools may not be complete, engaging a local agent to conduct trade mark searches is always advisable. 2 How to Guide - How to internationally protect your trade mark through the Madrid system? How to Guide - How to internationally protect your trade mark through the Madrid system? 3 COUNTRY WEBLINK MAINLAND CHINA https://www.china-iprhelpdesk.eu/sites/china-hd/files/public/Guide%20to%20Trade%20Mark%20Protection%20in%20China.pdf Languages: Chinese, English HONG KONG https://www.china-iprhelpdesk.eu/sites/china-hd/files/public/hong_kong_factsheet.pdf Languages: Chinese, English MACAO https://www.china-iprhelpdesk.eu/sites/china-hd/files/public/macao_factsheet.pdf Languages: Chinese, English, Portuguese TAIWAN https://www.china-iprhelpdesk.eu/sites/china-hd/files/public/Taiwan_online.pdf Languages: Chinese, English SEA COUNTRIES BRUNEI http://ipsearch.bruipo.gov.bn/ DARUSSALAM Languages: English, French, Bahasa Melayu CAMBODIA http://www.cambodiaip.gov.kh/SearchMark.Aspx Languages: English, Khmer INDONESIA http://e-statushki.dgip.go.id/ Language: Indonesian LAOS Not available directly from IP office website https://www3.wipo.int/branddb/la/en/ Language: English MALAYSIA https://iponlineext.myipo.gov.my/SPHI/Extra/IP/TM/Qbe.aspx?sid=637026118052833457 Language: English MYANMAR Not available SINGAPORE https://www.ip2.sg/RPS/WP/CM/SearchSimple/IP.aspx?SearchCategory=TM Language: English THAILAND http://www.ipthailand.go.th Language: Thai THE PHILIPPINES https://www3.wipo.int/branddb/ph/en/ Language: English VIETNAM http://iplib.noip.gov.vn/ Languages: Vietnamese, English LA COUNTRIES ARGENTINA https://portaltramites.inpi.gob.ar/marcasconsultas/busqueda Language: Spanish BOLIVIA Trade mark search available upon application and payment https://www.senapi.gob.bo/propiedad-intelectual/propiedad-industrial/signos-distintivos Language: Spanish BRAZIL https://gru.inpi.gov.br/pePI/jsp/marcas/Pesquisa_num_processo.jsp Language: Portuguese CHILE https://ion.inapi.cl/Marca/BuscarMarca.aspx Language: Spanish COLOMBIA https://sipi.sic.gov.co/sipi/Extra/IP/TM/Qbe.aspx?sid=637220909813506962 Languages: English, Spanish COSTA RICA Search available upon registration http://www.rnpdigital.com/propiedad_industrial/index.htm Language: Spanish CUBA http://wiposearch.ocpi.cu/wopublish-search/public/trademarks?1&query=*:* Languages: Spanish, English, French, Arabic, Chinese DOMINICAN REPUBLIC https://www.onapi.gov.do/index.php/busqueda-de-signos-nombres-y-marcas Language: Spanish There is no public trade mark database, it is possible to request a search at the IP office upon payment ECUADOR https://www.derechosintelectuales.gob.ec/signos-distintivos/ There is no public trade mark database, searches can be made upon payment and registration with the National Registration Centre EL SALVADOR https://www.e.cnr.gob.sv/ServiciosOL/portada/rpi.htm There is no public trade mark database, searches can be made upon registration and payment GUATEMALA http://rpi.gob.gt/publico/#/login Searches can be made available upon application HONDURAS https://digepih.webs.com/marcasformularios.htm Language: Spanish https://marcanet.impi.gob.mx:8181/marcanet/ MEXICO Language: Spanish There is no public trade mark database, it is possible to request a search at the IP office upon payment NICARAGUA https://www.mific.gob.ni/Propiedad-Intelectual/Signos-Distintivos Language: Spanish http://consulta.digerpi.gob.pa/Marcas/Disponibles PANAMA Language: Spanish https://servicios.dinapi.gov.py/expediente/expediente_agente.php PARAGUAY Language: Spanish https://enlinea.indecopi.gob.pe/buscatumarca/#/inicio PERU Language: Spanish https://rad.miem.gub.uy/pamp/mark/index URUGUAY Language: Spanish Search available upon registration and payment VENEZUELA http://webpi.sapi.gob.ve/index0.php Language: Spanish 4 How to Guide - How
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