The Rise of Trademark Services
One of our most requested services as of late is trademark registration. This article will provide any interested clients with a brief overview of what the application process entails as well as with some generic information regarding the different types of trademarks available and the protection which they offer to their respective owners.
Why Register a Trademark?
Why is it important to register a trademark? Starting and maintaining a successful business is already riddled with complexities, and the last thing one would need is to lack adequate protection.
Benefits of a Unique Brand Identity
Having a registered trademark allows you to establish a unique brand identity whilst protecting your brand from being hijacked by competitors. In this regard, if a logo, emblem or mark is not validity registered as a trademark (whether in the EU or locally), any interested person or a competitor can start using similar logos, emblems, or marks, when selling similar goods or services.
Dangers of Unregistered Trademarks
This will undeniably leave you in a vulnerable state, with very little recourse. On the other hand, if one were to have their trademark validly registered, then one would be able to take immediate action against individuals making use of the said trademark.
Economic Value of Trademarks
It is also worth mentioning that a registered trademark can also develop an economic value. If a business grows into something successful it can also lead to a higher intrinsic value of that business’ trademark. In fact, some may even opt to sell their trademark once it has garnered enough value.
Investor Perspective on Trademarks
In any case, potential investors would think twice before getting involved with businesses lacking adequate protection through the registration of valid trademark/s; and it is for this reason why companies and individuals should strongly consider the registration of their marks.
The Diverse World of Trademarks
Different types of trademarks. The European Union Intellectual Property Office (EUIPO) differentiated between 13 different types of trademarks; namely:
- Word mark: this is exclusively made up of a combination of letters, words or numbers.
- Figurative mark: contains symbols, pictures or other forms of graphical features and colours.
- Figurative mark containing word element: the same as above but also contains letters, words or numbers.
- Shape mark: relates to the specific shape of the product or its packaging.
- Shape mark containing word element: the same as above but also contains letters, words or numbers.
- Position mark: the precise location of the mark on the product.
Tailored Trademark Consultation at DW&P
Here at DW&P we’d be happy to assist you with choosing the most adequate mark/s for your business. We offer individual consultations during which we’d be able to understand your business’s needs and advise on how best to protect your brand.
EU vs. Local Trademark Registration
Registering an EU trademark vs a Local trademark. Trademarks can be registered either as a local trademark or as a European Union (EU) trademark.
Pros and Cons of EU Trademark
Both serve to complement one another, and both are used as a means for protecting one’s brand. The difference lies in the level of protection. A local trademark grants the applicant exclusive rights over the trademark in the Member State in which it was applied for. An EU trademark on the other hand, grants the applicant exclusive rights over the trademark in each and every Member State. This however, can also act as a double-edged sword, especially when dealing with small businesses. Since an EU trademark warrants protection all across the EU, it will be much harder to have an unchallenged mark. Hence why SMEs (micro, small or medium sized enterprises) may find it more beneficial to register their trademark locally. If however, the plan is to expand the business then an EU trademark would be a much stronger tool. This all depends on a case-by-case basis, hence why it is always beneficial to consult an expert.
Trademark Refusal Explained
When can a trademark be refused? When it comes to trademark refusal, there are two distinct categories: grounds of absolute refusal and grounds of relative refusal.
Absolute vs. Relative Refusal
Grounds of absolute refusal refer to instances where because of some intrinsic element of the trademark, it cannot be accepted. First of all, a trademark can never be accepted if it goes against public policy or morality, if it goes against the law of the country or if it is intended to deceive the consumers in some way. A trademark shall also be refused if it is too vague and has no distinct quality which can help it stand out amongst other trademarks. Similarly, a trademark cannot be accepted if it consists entirely of the shape of the good itself or of the characteristic which gives the good its value.
The grounds of relative refusal essentially refer to instances which come into competition with earlier trademarks. If someone already has a registered trademark which they deem to be very similar to the new proposed trademark, then the proposed trademark can be refused. Such instances are more common where the services or goods offered are also similar, however this may not always be the case. The above list is not in any way exhaustive, hence why it is always best to consult a professional.
The Opportunity of SME Fund
The SME Fund is a grant scheme being offered until the 8th of December 2023, whereby small and medium sized enterprises will be able to get a substantial amount of funds back when applying for a trademark registration.
Benefitting from the SME Grant Scheme
With this reimbursement programme, enterprises with a small enough headcount and annual turnover will be able to receive a voucher which will entitle them to be reimbursed for a particular amount, depending on the Member State in question as well as the type of activity being applied for.
Why Choose DW&P for Trademark Assistance
DW&P is here to make sure that our clients get the best possible outcome with the least amount of stress and hurdles. The most important part of registering a trademark is making sure that it will not be challenged or rejected, hence why our team will conduct all the necessary research to ensure to the best of our abilities that your trademark is eligible for acceptance. We will also advise you on what type of trademark you should register, under which class/es such trademark shall be registered, whether you should apply for a local trademark or an EU trademark and much more. Apart from that, we will also take care of the entire application process, compile the necessary documents and help you to overcome any difficulties which you may encounter. With regards to the SME fund, we will help identify whether your entity has the necessary requisites in order to apply for such benefit, and if so, we will also be able to guide you throughout the registration process, in case you encounter any difficulties.
For more information please visit our services page.
Disclaimer: The above-mentioned article is simply based on independent research carried out by Dr. Werner & Partners and cannot constitute any form of legal advice. If you would like to meet up with any of our representatives to seek further information, please contact us for an appointment.
