Intellectual Property Registrations: Trade Marks
A Trade Mark protects the various means of identification by which a product, goods or services, are distinguished from other traders. Trade Marks are used to identify a particular brand or manufacturer and thereby provide protection for the goodwill and reputation a proprietor has established in his/her goods and services.
A Trade Mark can be any sign or a combination of signs, word/s including slogans, symbols, logos, or devices. Choosing an original Trade Mark at an early stage is vital. Many Trade Marks adopted cannot be registered as these may conflict with other registrations.
We accept enquires for searches and for registration of Trade Marks, as the registration process could be complex and sound advice can save time, and more importantly, money. A Trade Mark has to be classified under one, or more, of the 45 classes as listed. A sequence of trade marks can also be considered for registration. Interested parties are invited to proceed with their enquiry by indicating Class/es sought for registration.
Trademark Registration in Malta
For over 50 years, Malta has sought to develop an environment receptive to thought and innovation, which may potentially be very valuable, by promoting the protection of intellectual property.
Maltese legislation is harmonised with all existing European Union legislation in this regard and seeks to ensure protection to intellectual property which is both fair to those using products protected by intellectual property and adequately protecting and remunerating the creators and owners of such intellectual property.
To date, the most popular concept of intellectual property in Malta has been the registration of trademarks, by which owners protect their signs and logos which distinguish their goods and services from that of other enterprises.
Malta is a single-class jurisdiction, and unlike multiple-classes jurisdictions, applicants who wish to apply for several trademark classes must apply for each class by way of a separate application.
Once a trademark application has been filed and the formalities are fulfilled, the Malta Intellectual Property Office (IPO) proceeds to check the application for the substantive requirements. The substantive requirements which must be met are the graphical representation and the distinctiveness of the trademark
The validity period of a trademark registered with the Malta IPO is for a period of ten (10) years, which start running from the date of registration, and can be renewed for further periods of ten (10) years upon payment of the renewal fee.
Trademark Registration in Europe
A European Union Trade Mark (EUTM) is any trademark which is pending registration or has been registered in the European Union as a whole (rather than on a national level, as mentioned above, within the European Union), with the European Union Intellectual Property Office (EUIPO).
The advantages of a European Trademark Registration
For an Intellectual Property owner doing business in Europe, an EUTM registration is a cost-effective way to obtain Trade Mark protection. A European Union Trade Mark provides protection by means of a single registration covering the whole of the European Union.
This can be enforced in any one of the twenty seven (27) Member States. Registration of a European Union Trade Mark is granted by the European Union Intellectual Property Office (EUIPO) located in Alicante, Spain.
There are considerable economic advantages to registering a European Union Trade Mark: amongst these are lower registration and renewal costs, and lower costs for trade mark administration. One trade mark registration covers the territory of 27 European Member States.
A European Union Trademark has a validity period of ten (10) years from the date of filing and shall be renewable for additional ten (10) year periods upon application for renewal.
The Unitary System
The unitary system also leads to a number of administrative advantages. The management of a company’s Trade Mark portfolio in Europe becomes much simpler, and Trade Mark monitoring, (e.g. Trade Mark searches and watches) will become easier in the future as the number of national Trade Mark registrations decline and the number of EUTM registrations grow.
The World Intellectual Property Organisation (WIPO)
The World Intellectual Property Organisation (WIPO), is the global forum for intellectual property services, policy, information and cooperation and is the platform upon which one may register trademarks in countries which fall within the Madrid System. The Madrid System is a one stop solution for registering and managing marks worldwide. File one application, in one language, and pay one set of fees to protect your mark in the territories of up to 97 members. WIPO, established by a convention signed in Stockholm in 1967, began operations in 1970 and became a specialized agency of the United Nations in December 1974. It is headquartered in Geneva.
The purposes of WIPO are twofold:
- to promote the protection of intellectual property throughout the world through cooperation among states and, where appropriate, in collaboration with any other international organization; and
- to ensure administrative cooperation among the unions.
WIPO currently holds the status of a well-established global forum for policy making, intellectual property services, and a vehicle for information sharing. Notably, WIPO is an agency that falls within the ambit of the United Nations and it also enjoys the confidence of a 188 member states. The agreement between WIPO and the United Nations states that WIPO is mandated to act in accordance with treaties and ancillary instruments. Furthermore, WIPO’s mission statement revolves around the objective of promoting an efficient international intellectual property structure that empowers progress and creativity for all those participating within this particular sector. An important component of WIPO is its comprehensive network of registered trademarks, designs, and patents. This system allows the WIPO to unify all its bases and provides an accessible database for cross checking inventions and creations to all nations. It also allows for a measure of accountability in the protection of intellectual property. The agency is also responsible for enabling and simplifying the transmission of technology in developing states, with the ultimate aim of boosting the world economy, and social and cultural growth. Undoubtedly, during the past few years, WIPO has been the main protagonist in gathering ideas to enhance and promote intellectual property around the globe.
CSB Group has gained experience and exposure within the Intellectual Property sphere with trademark applications varying from national, to European to world registrations, and thus can assist you with all your trade mark requirements.