OUR FIRM
Brief History

OUR SERVICES
Patent
Maintenance
Legal Consultancy
 
 

Oficina García Cabrerizo
Lawyers.
Patents &Trademarks

Contact

Vitruvio, 23.
28006 Madrid (Spain)

Tel.: (34) 915 63 40 53
Fax: (34) 914 11 55 88

 
  Trademark and Prosecution Department
 

The main function of the Trademark Department is to apply for and to monitor the distinctive signs until their grant before the Spanish Patent and Trademark Office (SPTO) – in the case of commercial names and national trademarks – and before the Office for the Harmonization of the Internal Market (OHIM) with its headquarters in Alicante – in the case of community trademarks –

Advice and guidance

Protection of distinctive signs (trademarks and trade names) on a nationwide scale

  • Registration possibilities.
  • Necessary requirements.
  • Grant proceedings.

Protection of distinctive signs (trademarks and trade names) abroad

  • Treaties and Conventions
  • Periods, requirements and territorial scope of protection of a trademark through applications for:
    • Community Trademarks.
    • International Trademarks.
    • Foreign Trademarks.

Handling and Monitoring of applications

On a nationwide scale

  • Prior research through the Spanish Patent and Trademark Office’s database (SPTO’s database).
  • Filing and monitoring of applications before the SPTO.
  • Study and filing before the SPTO of writs of defence or responses to official objections or to oppositions from third parties.
  • Preparation and filing of appeals to the administrative courts against the dismissal of the application.

On an International scale

Community Trademarks

Community trademarks are unitary in nature, that is, they are valid within the territory of the European Union and they give proprietors exclusive rights.

  • Previous research through the database of the OHIM.
  • Filing and monitoring of applications before the OHIM.
  • Study and filing of allegations and counterallegations before the OHIM, production of documentary evidence or proofs of use in the language for proceedings and within the stipulated periods.
  • Preparation and filing of appeals against the application refusal before the OHIM.

International Trademarks

They bring the possibility of extending a national file to those countries in which protection is sought providing that they are governed by the Madrid Agreement. This proceeding means a reduction in costs, since only one application is made.

  • Prior research through the database of the World Organization of Intellectual Property (WIPO)
  • Filing of applications in compliance with the Madrid Agreement and the Common Execution Regulation.

Foreign Trademarks

Through our wide net of co-workers and associates we handle and file for our clients their trademark applications all over the world.

Vigilance and Other Services

  • We keep constant vigilance on the valid distinctive signs of our clients both on a nationwide and an international scale, checking trade name applications, national trademark applications and applications for community and international trademark with extension within the Spanish territory.
  • Communication to our clients of any new application that may affect their previous rights.
  • Study and filing before the SPTO and the OHIM of the documents of opposition to the new applications and the documents of appeal against their grant.
  • Preparation of documents and handling and filing of industrial property registrations cease documents, both before the SPTO and the OHIM, and payment of taxes to the tax office when needed.
  • Mediation in the negotiation of agreements to solve disputes arising from distinctive signs.
  • Preparation and sending of requirements to third parties for alleged infringements of the prior registration rights of our clients.
DEPARTAMENTOS