A trademark is a name that separates a product from other goods on the market in order to protect a trader's trademark rights from exploitation. It is also helpful to the customer because it assists in the prevention of any product misunderstanding.
A trademark can be a single term, a phrase, a logo, an emblem, a design, a picture, a colour, a fragrance, or a sound, or any combination of these.
Trademark registration is one of the most important and mandatory laws designed specifically for business owners to protect the identity of their goods.
Registration Proceedings:
Applications for registration must be sent to the Ministry of Economy, and each application will be assigned a unique serial number based on the date of submission.
After the application is submitted, the competent department can review it to see if the mark is identical to one that has already been registered.
If the application is denied by the department, the applicant has the right to appeal the decision.
If the application is approved, the department will publish the mark registration announcement in the official gazette. In the event of trademark infringement, any interested party has thirty (30) days from the date of the announcement to file an objection to the registration of the respective trademark.
When a trademark is licensed, the effect of the registration begins on the day the application is filed. The owner of a trademark will receive a certificate of registration after the registration has been completed.
The owner of an already registered trademark may apply to the Ministry at any time to make any additions or changes to the goods or services distinguished by the trademark, or to his mark, that do not have a significant impact on its essence.
Period of Protection:
A trademark's protection period begins when it is registered, and it lasts for ten years. If the mark owner applies for renewal of the mark registration within the last year of the valid protection period, he can obtain the continuity of such protection for successive periods of (10) years each.
Delisting of Trademarks
A trademark owner may apply to have their mark struck off the registry for all of the items or services for which it is registered, or for only a portion of them.
If a mark is allowed to be used under a deed registered in the Trade Marks Registry, the mark's registration may only be revoked with the license beneficiary's written consent.
Any interested party has the right to seek a judgment for the cancellation of a trademark that has been improperly licensed.
