Trade Marks - rapiepenbrink

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Trade Marks

Beside national trademarks I can file Community trademarks for the European Union at the Office for Harmonization of the Internal Market or, based on an already registered mark, International registrations for individually designated countries at the World International Property Organization.

Being owner of a trademark you obtain an exclusive right to distinguish goods and services with the sign that was protected in your favour. However, this right is accompagnied by the obligation to use the trademark after a grace period of five years.

Searches should be performed in relevant trademark databases to find out about prior rights of third persons before use or registration of a trademark. The law offers instruments to act against trademark collisions  caused by third persons  (opposition, suit for cancellation, injunction suit). Suitability of action depends on the individual case.

The protection period of trademarks lasts ten years each and can be extended unlimitedly.


 
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