THE NECESSITY AND DEFINITION OF TRADEMARK PROTECTION

In a current digital world, your trademark protection is fundamental for vesting your brand identity and uniqueness. As a form of intellectual property, trademarks, are by all means, protected by the law. The registration of your trademark will definitely enable your brand to achieve recognition and/or financial benefit from what you invent or create.

Firstly, we shall discover what is considered to be Intellectual Property:

Intellectual Property (IP) is a vast and very interesting world. It is all about creativity and contrivance since it refers to all the types of the mind’s creations, such as inventions, literary and artistic works, designs and symbols, names and images used in commerce. The types of intellectual property that are governed by the law are: patents, copyrights, industrial designs, geographical indications, trademarks and trade secrets. Among them, the trademark is remarkable. 

Further analysis of the Trademark: 

Trademarks date back to ancient times when artisans used to put their signature or “mark” on their products.

A trademark, applies to brand names, phrases, and logos and it is inclined to differentiate the products and/or ministrations of one enterprise from another’s.

Furthermore, a trademark can be consisted of elements, such as words, including a persons’ name or drawings, letters, numbers, illustrations. The shape of a product or the shape of its packaging and/or sounds, can also be registered as a trademark. Trademarks can be sold, assigned or licensed or otherwise commercially exploited. The owner of a trademark’s intellectual property rights can be either an enterprise or an individual. 

According to the line of your business and the expansion of it around the world, you can select the scope of protection of your trademark. This can be National, European or Global.

National Property and Intellectual Office:

You can register your trademark at the National Property and Intellectual Office in order to obtain a license for the exclusive exploitation rights (including use, assignment, or concession in the form of use) and protection throughout its validity in the territory of the Republic of Cyprus. A national trademark, is valid for an interval of ten (10) years from the date of filing of the application, which may be renewed indefinitely for further consecutive periods of 10 years. Provided that no objection is filed against the application of registration of your trademark, within the period of three (3) months from the publication of the application in the Official Gazette, or if any objection filled is withdrawn or rejected as final, the Registrar of Companies proceeds to register the trademark in the Register of National Trademarks, to publish the trademark in the Official Gazette and to issue the National Trademark Registration Certificate.

EUIPO – European Union Intellectual Property Office:

Registering your trademark at the European Union Intellectual property Office, provides you with exclusive rights in all current and future member states of the European Union. It takes in total 4 months for the trademark to be registered in EUIPO.  The initial step, is for the application of registration of the trademark to be examined by EUIPO. The examination procedure takes one (1) month. Provided that no objection is filed against the application within the period of three (3) months from the publication of the application in the Official Gazette, or if any objection filled is withdrawn or rejected as final, EUIPO proceeds to register the trademark in the Register of Trademarks, to publish the trademark in the Official Gazette and to issue the European Trademark Registration Certificate. It is important to note that, the European Trademark registration is valid for 10 years and may be renewed indefinitely, for successive periods of 10 years.

World Intellectual Property Office:

In case you would like to register your trademark in non – European Union countries, it is required to register your trademark at the National Property and Intellectual office and afterwards register it through the world intellectual property office (WIPO) to the specific preferred countries.

Symbolism:

™️symbol: Is used to indicate that your trademark has applied to be registered.

®️symbol: It can be used once the trademark is registered, and it signifies that the trademark is registered and enjoys protection under the trademark laws umbrella.

To conclude with:

Intellectual Property, is an important factor for innovational ideas. The flourishing utilization of it, can benefit any business. It is advisable to register your intellectual property, to protect and secure your rights. 

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