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December 2, 2019

By: Semeion

Trademarks

A trademark is a sign composed of words, shapes, letters, color or a combination thereof, that is used specifically to identify the goods or services of a producer. It allows consumers to distinguish goods or services of one producer from those of another.

A trademark owner enjoys the exclusive right to use the sign in relation to the goods or services covered by the trademark, and may forbid others from using it without permission.

A sign can be registered as a trademark if it is:

  • legal, meaning it must not be identical with or similar to the name or flag of a state or international organization;
  • not functional, but visually observable;
  • easy to distinguish and capable of distinguishing the goods/services of one person from those of another person; and
  • available for registration.

Unless it is a well-known registered trademark, a sign cannot be registered as a trademark if:

  • It cannot be seen.
  • It is exclusively composed of a generic name, design or model describing goods or services.
  • It contains exclusively a direct reference to the quality or other features of goods or services.
  • It has discriminative content against a nationality or consist of exaggerated or fraudulent advertising.

Contact us if you wish to register a trademark. We are here to help you navigate the application process.

Posted in Intellectual Property RightsTagged Intellectual Property Rights (IPR), Trademarks
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