TRADEMARK INTERNATIONAL
Trademarks are not as . as they seem
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Learn about laws?
Trademark Laws
There are different laws pertaining to trademarks around the globe, and they can and do differ according to the country of interest. Most countries are members of global bodies like the World Intellectual Property Organization (WIPO).
To learn more about different laws in different countries and have an overall idea about the types of laws surrounding trademarks, please refer to these links:
- https://www.bitlaw.com/trademark/index.html
- https://www.uspto.gov/sites/default/files/documents/BasicFacts.pdf
- https://cyber.harvard.edu/metaschool/fisher/domain/tm.htm
- https://www.law.cornell.edu/uscode/text/15/1051
- https://www.uspto.gov/sites/default/files/web/trademarks/PL107_273.pdf
- https://www.govinfo.gov/content/pkg/PLAW-111publ146/html/PLAW-111publ146.htm
- https://www.regulations.gov/search?agencyIds=PTO&sortBy=postedDate&sortDirection=desc
- https://www.inta.org/
- https://www.nachtwey-ip.eu/en/
- https://www.wipo.int/portal/en/
How to?
How to Register a Trademark Internationally
There are different bodies and international agreements that allow trademarks to be registered in multiple member countries with a single application. Examples of such bodies and agreements include:
Madrid System
There are 124 member countries, and a single application can allow trademark owners to register their trademark in these countries through a single application.
European Union Trade Mark
The EUTM has 27 member countries; this allows trademark owners to register a trademark in these EU countries with a single application.
Benelux Office for Intellectual Property
BOIP allows a single trademark registration application for Belgium, Luxembourg, and the Netherlands.
Frequently Asked Questions
Yes, you can transfer the ownership to someone else. The process includes signing a trademark assignment and recording it with the USPTO. A trademark assignment is a document that has to be signed by the ‘assignor’ (the original owner of the trademark) and the ‘assignee’ (the new owner).
The trademark assignment must include details of the language it is in as well as the language it might be changed to when it is transferred. If there are multiple trademarks that needs to be transferred, the trademark assignment will have a list that includes all the trademarks that need to be transferred, along with the details of trademarks (if required).
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Yes, at Trademark International we help our clients fill the trademark assignment document and also advise them on what should or should not be done. We act as a liaison between our client and the other party regardless if our client is the assignor or the assignee.
Trademarks assignments can be recorded to multiple entities. Trademark International assists with only recording trademark assignments from owner to owner/entity, not to multiple owners or entities.
Once you register a trademark, you have to use it within 3 years to keep the registration, if you do not do that your registration might get cancelled. Keeping that in mind, a trademark specimen is your evidence of using the trademark. It shows how you are using your trademark according to the application you have filed. The trademark application mentions how the goods and services will be used thus the specimen shows your trademark as used in commerce with your existing goods.
To electronically sign the document, after completing your Trademark Declaration, we will send you an email requesting your electronic signature. You may personally enter letters, spaces, number and punctuation marks that you want to be adopted as a signature. These must be placed between two forward slash ‘/’. The signature must represent the person signing the document.
To electronically sign the trademark filing, we will send you an email requesting your electronic signature. You may personally enter letters, spaces, number and punctuation marks that you want to be adopted as a signature. These must be placed between two forward slash ‘/’. The signature must represent the person signing the document.
To electronically sign your trademark renewal, we will send you an email requesting your electronic signature. You may personally enter letters, spaces, number and punctuation marks that you want to be adopted as a signature. These must be placed between two forward slash ‘/’. The signature must represent the person signing the document.
The Federal Law allows you to protect your trademark through highest status under the federal law. This is called Section 15 Trademark Declaration of Incontestability. The Declaration protects you against a lot of legal challenges but it has to be approved by USPTO first.
Once you gain the status of incontestable you are protected against:
- Lacking secondary meaning;
- Confusingly similar to other marks.
Unfortunately, the trademark registration is not valid for a lifetime. You have to file a trademark Declaration of Continued Use after the 5th and 6th year following your registration. This will be done with the USPTO. If you fail to renew your registration, USPTO allows a six month grace period in which you can submit the Declaration of Continued Use form, but with additional filing fees.
You do not have to file section 8 form separately. The USPTO combines section 9 with section 8 because both of them are required at the same time.
At Trademark International, we make sure everything is easy and smooth to get your trademark renewed.
