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Trademark Registration Process

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What kind of trademarks can be registered?

The possibilities are almost limitless. Trademarks may be in a word or a combination of words, letters and numbers. They may consist of drawings, symbols, three-dimensional features such as shape and packaging of goods, audible signs like music or vocal sounds, fragrances, or colors used as distinguishing features.

In addition, trademarks identify the commercial origin of goods and services, from several other categories of marks. Collective marks are owned by an association whose members use them to identify with a level of quality and other requirements set by the association. Examples of such associations are the associations of accountants, engineers or architects. Trademark certifications are given, after going through specific standards, but these are not restricted for organizations only; actually, they can be granted to anyone who can certify that the products follow the established standards. Quality standards like “ISO 9000” are accepted worldwide as certifications.

 

How is the trademark registration process?

First, an application for trademark registration is submitted in the office of appropriate national or regional brands. The application must contain a clear reproduction of the sign filed for registration, including colors, shapes or three-dimensional features. The application must also contain a list of the goods or services to which the sign would apply. The sign must fulfill certain conditions to be protected as a trademark or any other brand. It must be distinctive, so that consumers can identify as a particular product and distinguish it from other. You should not lead costumers to deceit, defraud or violate public order or morality.Finally, the rights applied for can not be the same, or similar to, rights already granted to another trademark holder. This can be determined through investigation and review by the national office or by third parties opposition who claims similar or identical.

 

Process:

Requirements:

It is necessary to send an application to La Direccion General del Registro de Propiedad Industrial (DIGERPI) through a lawyer. The application must have the following requirements:

  1. Applicant and lawyer information. If it is a legal person, the application must contain the company name, place of registration.
  2. Trademark name
  3. Trademark design
  4. Products or services of what the trademarks stand for.
  5. Claiming a right of property, if there is, in response to international agreements
  6. Also these documents should be submitted:
  • Power of applicant attorney
  • Sworn statement specifying how the trademark will be use. (As provided for ALCABCO signature)
  • Ten samples of the trademark design, or its representation by drawing, an example should be added to the application.
  • Public Registration Certificate
  • Proof of registration fees and publication paid.
  • Operation Notice (applicable if the name of a business is the one which is going be registered).