In most countries, the trademark holder has 5 years to commence the genuine use of the mark from the date of registration. What does it mean for your trademark registration strategy?
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As well as individual marks, there are two other kinds of trade marks that can be registered – certification marks and collective marks. Collective marks are trade marks distinguishing the goods or services of members of a civil society organisation from the goods or services of others according to the quality, origin or other characteristics of goods or services bearing the collective mark.
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The Unitary Patent Court is planned to open on the 1st of April, 2023. The court will have jurisdiction over disputes concerning European patents with a unitary effect as well as validated European patents. With that possibility of opting-out, the owners of validated European patents can remain under the jurisdictions of the same national courts instead of the newly operational unitary one.
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Trade mark proprietors are usually not exactly patient when it comes to unauthorised or unlawful use of their trade mark, so you would better refrain from such attempts. Trade mark parodies, however, are usually exempt from the above rule.
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In order to be eligible for patenting, the invention must be new and no other person may have a prior patent application for it. Patents in most countries are granted for inventions that are new, involve an inventive step and are susceptible of industrial application.
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A good trade mark gives confidence to consumers and urges them to keep buying the trade marked goods, thus solidifying the market position of the proprietor’s trade mark against competing manufacturers. Hence, trade marks are essential means of market competition. We have collected several functions of a trade mark to illustrate a handful of examples of how you can use your trade mark.
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An invention needs to involve an inventive step, meaning that it may not be obvious for a person skilled in the art. Patents in most countries are granted for inventions that are new, involve an inventive step and are susceptible of industrial application.
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