Trade mark (general information)
Trade mark may consist of any signs capable of being represented graphically, particularly words including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertaking.
Sign is considered to be trade mark upon its registration which might be done as:
- national trade mark (registrated in particular state e. g. the Slovak republic),
- European union trade mark (registrated by EUIPO for all 28 member states of EU) or
- international trade mark (registrated by WIPO for designated states).
Each trade mark needs to have distinctive character what is sometimes hard to assess. We are ready to help you with it.
Trade mark may be registered as: word mark, figurative mark, figurative mark with letters/words, 3D mark, colour (per se) mark, sound mark.
Trade mark always protects just specified goods or services for which is the mark registered.
The owner of the trade mark has exclusive rights to use trade mark in connection to the goods and services.
We offer to our clients legal services:
- on registering national (Slovak) trade marks, EU trade marks, and international trade marks,
- on administering rights out of trade marks,
- on protecting rights of clients out of trade marks.
Trade mark registration
Legal services on registering the trade mark usually consist of:
- advisory on type of trade mark,
- proposing the appropriate list of goods and services,
- assessment of the distinctive character of the sign to be registered,
- check of potential conflicts with older trade marks of different undertaking,
- drafting the application and filing the application,
- advisory in proceeding at the Intellectual Property Office
Basic administrative fee is:
- 96 EUR for Slovak trade mark (3 classes of goods or services included)
- 850 EUR EU trade mark (1 class of goods or services included)
Trade mark is registered for period of 10 years with possibility of renewal.
Please do not hesitate to contact us for more information.
Infringement of rights to the trade mark
Where the trade mark rights were infringed or threatened to be infringed the owner has right to claim judicial protection of his / her rights and therefore:
- to claim to prohibit the action infringing the rights and the consequences of this action to be removed,
- to claim unjust enrichment and the right to compensation and or damages,
- claim the right on information.
Once your rights were infringed or there is an threaten to your rights do not hesitate to contact us.