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.
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