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Trademark registration

Trademark is a designation aimed at identifying the goods and services of the entrepreneur. Such designation helps the entrepreneur to promote the products on the market, increase the awareness of the products among customers, and prevent the unfair behavior of competitors copying brands or design of the entrepreneur’s products.

The classic examples of the trademark are word and image marks. For example, there are registered trademarks of such brands as “McDonalds”, “H&M”, “Samsung”, as well as logos of Apple, Nike, and Adidas.

At the same time, the legislation of various countries provides for the registration of such unusual designations as sound marks (for instance, Whiskas cat purring), color marks (e.g., brand color of Tiffany), dynamic marks (for example, color-changing "traffic light" from Yandex services, showing the degree of traffic congestion), and even odors.

In order to protect the trademark in a court, it shall be registered with a national or international trademark office, depending on the registration mechanism.

Jurisdictions list

You can get acquainted with the entire list of jurisdictions in which this service is provided.

Basic requirements for trademark registration:

  • 01

    The presence of a trademark distinctiveness

    The trademark shall not be descriptive, shall not copy the names of the goods and services for which it is registered, and shall not be a commonly used designation in a trade.

  • 02

    No confusing similarity with already registered trademarks

    The trademark filed for registration shall not be similar with the trademarks that have already been registered for homogeneous goods or services.

The trademark is registered for specific goods or services the list of which is provided in the International Classification of Goods and Services (ICGS).

The trademark registration is provided with the payment of trademark fees, the amount of which is established by the legislation of the particular country or by the international trademark registration system.
It is vital to notice that the registration of the trademark has its effect only within the state the trademark office of which registered the trademark! The exception is the application of regional and international trademark registration systems which enable applicants to protect their trademarks in several jurisdictions simultaneously.

For example, if you registered a trademark in the USA, such a trademark will not be protected in the neighbor Canada, despite the close economic relationships of two countries.

The registered trademark will allow you not only to protect your brand against counterfeit and unfair copying, but also to bring infringers to liability. The legislation of most countries provides trademark owners with the opportunity to collect damages or compensations from the persons infringing the trademark rights, and in some cases the amount of the collected damages or compensation may reach six figures.

Besides, the registered trademark can be used as the tool of legal tax optimization by concluding license agreements on the use of the trademark and application of tax benefits provided by double taxation treaties.

Services in the field of trademark registration:

  • Choose the desired country for your business, and Paily Legal team will help you to protect your brand!

  • our specialists will help you to prepare and file the international trademark application under the Madrid system, which will include the list of all the countries in which you are planning to use the trademark. WIPO will process the international application and send it to national trademark offices provided in the application, which, in their turn, will decide on the trademark registration. You may find the list of the countries applying the Madrid system of the WIPO here.

  • If you have a transnational business which operates in all the countries of the EU, we will help you to protect your brand on the whole territory of the Union by filing a single trademark application with the EUIPO.

We are ready to implement non-standard projects

Paily Legal specialists will be happy to help you register your trademark.

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