Process description
1. Filing of a trade mark registration application
A trade mark application must be submitted. The application must include:
- a petition for registration of a trade mark (completed trade mark application form), including a list of goods and services;
- a representation of the sign applied for.
Only one trade mark may be applied for in one application. If it is necessary to protect variations of the mark, for example in a different graphical presentation, they must be applied for separately.
The application fee must be paid within one month of the date of filing of the application. If the application covers more than one class of goods or services, an additional fee is to be paid for each additional class.
The power of attorney shall be attached to the application if it is filed through an authorised person. The original copy of the power of attorney must be submitted and, where the power of attorney is applicable to several applications, a copy must be attached to each application separately. Professional patent attorneys may file an application without a power of attorney.
2. Examination of a trade mark application
The Patent Office carries out a preliminary examination (examination of formal requirements) and an examination of the trade mark itself. The Trademark Law sets out the grounds under which the Patent Office may refuse the registration of a trademark. All grounds for refusal can be found in Sections 6 and 8 of the Trademark Law.
During the examination, the Patent Office does not compare the mark applied for with other trade marks or other prior rights registered by others. The applicant is responsible for verifying prior rights. If the trade mark infringes an earlier right, the proprietors of the earlier right may contest it after registration.
3. Registration and publication of a trade mark
If a trade mark is declared registrable, the applicant shall be notified thereof. The applicant shall pay the fee for registration and publication of the trade mark within three months.
The notice of registration of the trade mark is published in the official publication of the Patent Office. The proprietor of the trade mark is issued a certificate of registration in paper or electronic format. When obtaining the certificate in paper format, the invitation from the Patent Office to appear for the certificate of registration of the trade mark must presented.
Trademark registration is valid for 10 years from the filing date. Registration can be renewed every 10 years, each time for a new 10-year period. The trademark may be renewed during the last year of its validity, paying the appropriate fee.
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