Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science.
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art.
Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations.
Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting.
Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for human beings and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes.
Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles; agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines.
Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors.
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; fire-extinguishing apparatus
Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for persons with disabilities; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles.
Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes.
Vehicles; apparatus for locomotion by land, air or water.
Firearms; ammunition and projectiles; explosives; fireworks.
Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments.
Musical instruments; music stands and stands for musical instruments; conductors batons.
Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers type, printing blocks.
Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal.
Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals.
Materials, not of metal, for building and construction; rigid pipes, not of metal, for building; asphalt, pitch, tar and bitumen; transportable buildings, not of metal; monuments, not of metal.
Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber.
Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware.
Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor.
Yarns and threads for textile use.
Textiles and substitutes for textiles; household linen; curtains of textile or plastic.
Clothing, footwear, headwear.
Lace, braid and embroidery, and haberdashery ribbons and bows; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair.
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings, not of textile.
Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees.
Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk, cheese, butter, yogurt and other milk products; oils and fats for food.
Coffee, tea, cocoa and substitutes therefor; rice, pasta and noodles; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, seasonings, spices, preserved herbs; vinegar, sauces and other condiments; ice (frozen water).
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt.
Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and other preparations for making non-alcoholic beverages.
Alcoholic beverages, except beers; alcoholic preparations for making beverages.
Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers articles; matches.
Advertising; business management, organization and administration; office functions.
Financial, monetary and banking services; insurance services; real estate services.
Construction services; installation and repair services; mining extraction, oil and gas drilling.
Telecommunications services.
Transport; packaging and storage of goods; travel arrangement.
Treatment of materials; recycling of waste and trash; air purification and treatment of water; printing services; food and drink preservation.
Education; providing of training; entertainment; sporting and cultural activities.
Scientific and technological services and research and design relating thereto; industrial analysis, industrial research and industrial design services; quality control and authentication services; design and development of computer hardware and software.
Services for providing food and drink; temporary accommodation.
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, aquaculture, horticulture and forestry services.
Legal services; security services for the physical protection of tangible property and individuals; dating services, online social networking services; funerary services; babysitting.
Why it will help you differentiate your products and services in the market. It is the way that so many individuals and companies have to legally protect their products and/or services in the market, thus obtaining their exclusivity of protection against possible "copies" of competitors.
Visit the prices section and there choose your country of residence and country where you want to apply for your trademark. To request the registration of a trademark, it is important to know its availability, so we suggest that you first request a feasibility report. Register as a User and request your report online now.
No, a trademark application is not a guarantee of registration. What, if it is acquired when filing a trademark application, is to have a prelative right in expectation until it is granted. For this, it must pass several administrative instances, such as the areas of admission, publication, opposition period and registrability exam. Depending on the country, administrative times vary, so the Agent that advises you will inform you of the approximate registration times in each country that is designated to submit an application.
In the case of natural persons, be over 18 years of age, personal data of the brand holders, full names and surnames as it appears on your document, national identity document number, date of birth, state civil (if married), full names and surnames and national document of the spouse, address, postal code, town, province and country must be provided. If it is a company, the registration number and registration in the fiscal entity as a company, registration date, book, folio, legal address, bylaws, last copy of the designation of authorities, as well as personal data (full names and surnames) and National identity document of its legal representative, proxy, President and/or managing partner that will sign on behalf of the company. All this sent in simple copy.
It is necessary that the applicant provides Power of Attorney in favor of our agents and lawyers so that they can manage the trademark application representing them in each case. This Power of Attorney must be certified and legalized by the national Consulate of the country or in its absence the Apostille of the Hague, for countries that are part of the convention. Each country has its own requirements, so some countries require the physical Power of Attorney to be valid and other countries with only a copy of the original is enough to be valid for the presentation of the application. Depending on the languages to be filed, the Powers of Attorney can be translated into the official language of the country, to be included in the file, paying additional fees for the filing and translation. The turnaround time for a post-application Power of Attorney can be 30 to 60 days for filing. You will also have the option to inform during the online trademark application process, if you wish to wait for the Power of Attorney to be delivered to apply for the trademark or enter the file upon receipt of the application for registration. In some countries the requirement is very strict, to present the Power of Attorney in a physical form, legalized and/or Apostilled in the Consulate and/or Embassy of the applicants country, while, in other cases, the signature in a Power of Attorney authorizing our lawyers the management, will be enough to represent them. These certification and legalization expenses are not included in the published prices and should be taken into account.
We advise that, for any trademark application, a feasibility and registrability study should be previously carried out in the classes or fields of activity of the trademark. In this way, we will know if its registration is feasible in order not to incur in expenses that will not generate benefits. Register as a User and from your client area, request the feasibility report.
Trademark applications are internationally governed by the Nice international classification. This classification is divided by headings and subheadings that are distributed in 45 classes, of which 34 classes belong to products and 11 to services. Our agents and lawyers, prior to the trademark application, will make a feasibility report and together with the client may agree, according to the activity of the trademark, its correct classification in order to obtain an optimal protection in the market. If the applicant initiates the registration in only one class, when he should apply in others, we advise to file the remaining classes in a short period of time, in order to avoid later legal expenses that could be incurred in the legal defense of a trademark.
Yes; you can register a phrase or slogan only, combination of letters or numbers in denominative form, it is not necessary to have a logo. In case you want to apply later for the same trademark with a logo, you must apply for a second application and pay the corresponding rates and fees.
Yes; we can recommend professionals who work in logo and graphic development.
It is the client decision to do so, since there are brands that change their colors over time. There are well-known international companies, where their colors are part of the identity of the trademark, in that case we recommend filing the trademark in colors. If there is no defined color or it is constantly changing, we recommend filing the application in black and white or grayscale.
In most countries it is for 10 years renewable, and in others for 15 years, as in the case of Venezuela. It is important that the trademark is used during its term in order to avoid being cancelled for lack of use. Some countries consider that 3 and 5 years without use may entitle third parties to file a trademark cancellation.
Yes, fees, rates and expenses must be paid for renewal upon expiration. For this purpose, we will be notifying you in your client area, the renewal due dates and news of the Trademark Law.
Yes; you can make the transfer to another person or company. It is a requirement that the transferor certifies and signs before a notary public or notary public the transfer document, in case the holder is married, the spouse must sign.
No, the trademark registration must be made in each country where you wish to have trademark protection. There are some more massive forms of protection, such as the "European Community" trademark, which involves 27 member states, with a single registration. But the evaluation of concession will be given on a country-by-country basis. For worldwide registrations, there is the Madrid Union, which currently has 114 members and covers 130 countries. Through the Madrid system, a trademark can be applied for in 130 countries with a single application. One of the requirements is that the applicant must have a trademark registered and/or applied for in one of the member countries. In this case of applications, they will also have entry costs for each country and their particular evaluation of grant.
The international priority under the Paris Convention is the time given to the applicant to file a trademark application in another country and to enforce its examination on the first date of filing. The priority is 180 calendar days from the first application. In order to enforce the right, a certificate called "International Priority" must be requested, with this certificate the date of commencement or seniority of the initiated trademark filing is respected. This certificate will have to be paid additionally if you wish to request it before the official organism, to be later presented in the country of interest.
Yes; several owners of a trademark can be attached, as well as the percentage that corresponds to each one. All applicants must authorize the filing of the application by signing the corresponding Power of Attorney and/or Authorization. It is important to know that if one of these persons is married, 50% of the percentage obtained will also belong to his/her spouse. In case of any subsequent transfer of ownership, the spouse must also sign the document.
Including professional fees, official fees and administrative expenses, publication, legal domicile. Fees for the search, preparation, filing of the application and monitoring of the application during the registration process. Likewise, communications related to the processing and follow-up of the process, until its final resolution. PAYMENTS DO NOT INCLUDE: Sending the trademark title in paper format, by certified mail; filing oppositions to third parties; requesting international priority certificate; representation in mediations and negotiations with third parties; drafting and filing administrative appeals; transferring trademarks and/or changes of category; filing trademark renewals; initiating judicial defense; drafting third party notices; translations of files and Powers of Attorney into other languages; filing affidavits of use of trademarks for half terms (for some countries upon reaching the 5th year of validity).
All trademark proceedings are subject to oppositions by third parties, and these oppositions may be made by individuals or companies that may or may not have registered a trademark, including trademarks that have not yet been granted. Once the trademark is published in the official gazette, during a period of 30 to 60 days after publication (depending on the country), third parties may exercise this right. These oppositions are generally for phonetic similarity, logo shapes, typographies, figures or for reasons that the opponent considers that the trademark applied for is confusingly similar to his trademark (this is not included in the initial filing fee). It is important not to take copies of images and/or figures of trademarks already registered or that are notoriously known, since it will cause oppositions or observations, so the original developments are healthier for trademark applications.
Once your trademark application is filed, you can use your trademark without any inconvenience, but if you wish you can wait for it to be published and pass the opposition period, to also give a greater exposure or investment in products of the trademark, for example: bags, boxes, labels, advertising material, etc. When the trademark is registered, you can add to your logo or image the "R" of registered, so that you can also spread to consumers and/or clients that the trademark is registered in the country, for the products and/or services applied for.
The normal time will depend on the country where the trademark is applied for, if there is no inconvenience or opposition. The official body concludes the trademark registration process with a grant and/or registration number.
It is the document that legitimizes the granting of a trademark. Once the trademark has been granted, the title will be requested (it can be digital or on paper depending on each country), to be sent by e-mail or post. The international postal expenses will be budgeted according to each case and each country.
A trademark may not be registered when: it is identical, similar to another trademark already registered in the same classes to protect the same services and/or products; national or foreign appellations of origin, the name or pseudonym or portrait of a person without consent; letters, words used by foreign nations, and denominations of national or foreign origin, the name or pseudonym or portrait of a person without his consent; the letters, words used by foreign nations and international organizations recognized by international organizations recognized by international governments, packaging, sound and three-dimensional marks with the same registered concepts.
They do not include: The certification of signatures on the Power of Attorney before a notary public or notary public, which is a personal procedure of the applicant(s) of the service in the corresponding country. They do not include: The legalization of power/s which is a particular procedure that will have to be done before a notary public, Consulate or Apostille, depending on the particular case and country. It does not include: The answering of hearings or observations of the registration agencies, negotiations with third parties for withdrawal of opposition, oppositions to third parties, attending and requesting mediations, answering administrative hearings, filing administrative appeals, requesting cessation of use or trademark infringement to third parties, judicial defense, transfers, changes of category, request of trademark titles, request of priority certificates, translations of documents, sending of documents by international mail.
Join our staff of Agents, Attorneys, Associates, with experience and expertise in the specialization of industrial property and intellectual property law. We invite you to join our team. Send us an email with your professional references to contacto@miregistrodemarca.com
Web domains are currently very important to accompany the identity of brands and any project, they will be the address (URL) that distinguish you for the arrival to an institutional Web site and / or commercial online store, as well as the names of your emails. Your web or internet domain allows your customers to find you, identify you and remember you more easily. Everything is now searchable from any device connected to the internet, from the computer, cell phones, tablets, Smart tv, among others. This is how your customers will find you and locate where your company, products and services are located, now with web domains, it is much easier to find you and identify your brand.
The advantages are many, but we can mention some fundamental ones. The web domain creates the possibility for your customers to have a company email, for example: ventas@miempresa.com The development of a Web site, that will be exposing not only to a national market, since the arrival is global, 365 days a year and 24 hours a day. Therefore, we advise to have a professional website, no matter how small it is, with the latest development technologies for a correct exposure in the market and that is adaptable to various devices. Many entrepreneurs started their activities with a website, and have had very successful results.
Within our services, we have associates who are specialists in web site development and creation. We can also quote for hosting services and SSL security certificates (a service needed to expose your website competitively on the web), as well as the registration of a variety of domain names available on the market. Visit the domains area, to check if your domain is available or write us through the contact form of the area, if you are interested in a particular web domain.
It is a very common question of some customers their interest in protecting their local or regional domains in the countries where they export, since initially perhaps their company is not physically located in the destination place, but perhaps in the future it will be, so your international department should evaluate what action to take in order to avoid future problems and third parties may use the name to obtain benefits, creating confusion in consumers. Other companies, for example, only register a single domain, for example: COM or Net and when they have a physical place of development of activities, they create accesses within their own web, for example: www.suempresa.com/argentina. Contact us for advice on the registration of your web domains.
Internet domains can generally be registered on an annual basis and in other cases can be registered for 2, 5 or even 10 years. SSL security certificates, the same.
Register as a User on our website, visit the domain name section and check the availability of the name. If it is available, start the online application. If you are interested in other web domain extensions, please fill out the domain inquiry form, so we can inform you about availability and prices.
If the domain is not renewed by the expiration date, it is unfortunately cancelled and any third party may subsequently request it. In some countries there is a grace period of 30 days, paying additional penalty fees.
This situation has happened to entrepreneurs, even international companies have had to resort to the courts to recover and register their web domain. The cases may vary if the bad faith of the third party is proven, who knowing the existence of a certain trademark applies for the registration of a domain. We have advisory services for every situation and domain legal disputes, please contact us.
Each situation and case must be evaluated; if there is an overlapping of brands, products and services, it will be evaluated what to do. The name to sell clothes is not the same as the name to sell tires, they are different items and it may coincide that they have the same brand name.
No; you can register and reserve a domain name until the web page is developed. Many new brands as a means of protection make both registrations simultaneously, so that any third party does not do it and avoid legal disputes and above all future expenses.
Security:The work, whose copy enters the copyright registry, acquires, through the administrative act that signifies its admission, certainty of its existence on a certain date, its title, its author, translator and content. In the case of a contract, certainty of date, content and contracting parties.
Proof of authorship:
It is a presumption of authorship granted by the State, with a certain date of registration.
Elements of comparison:
El registro en la Dirección Nacional del Derecho de Autor, sirve de elemento de comparación en supuestos de plagio y piratería. En ese supuesto, el ejemplar de la obra depositada es remitido al Poder Judicial para su valoración.
Protection of the bona fide user:
The author of the work shall be presumed to be the one who appears as such on the certificate of registration, unless there is proof to the contrary. The publisher or producer who publishes the work according to the records kept by this National Directorate shall be exempted from criminal liability in the event of the true author claiming his rights.
Publicity of registered works and contracts:
The primary function of a registry is to make its contents known. The information benefits all those who have an interest in enforcing their rights against third parties and those who seek to ascertain the viability and legitimacy of a contract.
There are two types of copyright:
Moral rights, unwaivable and inalienable, such as the right of acknowledgment of authorship and the right of integrity of the work, among others.
Economic rights, transferable and of limited duration in time, basically exploitation rights, although there are others (for example, the right to remuneration for private copying).
The following unpublished or published works are registered: Cinematographs - Musical Compositions - Compilations - Choreographies - Drawings - Writings (books, pamphlets, etc.) - Sculptures - Phonograms - Photographs - Maps - Multimedia - Web pages, Architectural works - Dramatic works - Pantomimic works - Paintings - Plans - Radio programs - Television programs - Periodicals - Software - Videograms. Contracts related to these works are also recorded.
Yes, they are protected. The basic principle is that of reciprocity: National rules are applicable to works published for the first time in foreign countries, whatever the nationality of their authors, as long as they belong to nations that recognize intellectual property rights. As we are talking about the nationality of the author, works published on the Internet are protected in this way.
The same rules that regulate Intellectual Property in general.
The navigation and visualization of intellectual works on the Internet does not constitute a prohibited use. But for any other use, the provisions of the copyright holder must be respected. If the work has the copyright symbol © accompanied by a date and the author´s name, or the expression "all rights reserved", such content may not be used for any purpose other than simple reading, or the exercise of the right of quotation under the legal terms. If the works are licensed for other uses, it will be necessary to be to the expressly stipulated by the author, analyzing the text of the license.
The exploitation rights belong exclusively to the author and may not be used without his authorization, except in the cases provided for by law.
Also called limits, these are cases in which the law authorizes the exercise of acts of exploitation without the need for authorization by the holder of the rights.
When the exploitation rights expire, usually due to the expiration of their term, the works enter the public domain and may be used by anyone provided that their authorship and integrity are respected.
It is the Anglo-Saxon formula to designate only the exploitation rights of a work, it does not refer to moral rights. The symbol © associated with a name indicates ownership of exploitation rights. It is usually, but not necessarily, followed by the expression "all rights reserved".