Trademark protection
A trademark is any sign which is capable of distinguishing goods or services from the goods or services of others and can be represented in the trade mark register in a manner which enables the authorities and the public to clearly and precisely determine the subject matter of the protection applied for or granted to its holder.
Such signs may include words, including personal names, designs, letters, and the shape of goods and their packaging. It is a basic tool of the economic competition and plays very important role in marketing and advertisement.
Signs which may be granted trademark protection:
- words, combination of words, including personal names and slogans,
- letters, numerals,
- figures, pictures,
- two- or three-dimensional forms, including the shape of goods or of their packaging,
- colours, combination of colours, light signals, holograms,
- sound signals,
- motion mark,
- multimedia mark,
- pattern mark,
- combination of the previous signs.
No. Registration is not allowed for marks excluded from protection by the law (absolute grounds for refusal and/or relative grounds for refusal) e.g.
- consist exclusively of signs which may in the course of trade, refer to some characteristic, e.g. the kind, quality, quantity or intended purpose of the goods or services;
- are customary in the current language or in the practices of trade;
- consist of a shape which results from the nature of the goods;
- may deceive consumers as to the nature, quality or other characteristics of the goods or services;
- are identical with or similar to, a mark already on the register in respect of the same goods or services, or similar goods or services;
- are identical with or similar to a mark having a reputation in the country in respect of even dissimilar goods or services;
- are identical with or similar to a mark which is well-known in the country even if the mark is unregistered.
Any natural or legal person.
The right to use the trademark in relation to the goods or servicesfor which it is registered or to let others use the trade mark under terms agreed with the registered owner. Also the right to take legal action against others who might be infringing the registration by using the same or similar trademark on the same or similar goods or services for which the trademark is registered.