LAWYER IN SPAIN INFORMING ON COMMUNITARY TRADE MARK VS

INTERNATIONAL REGISTRATION (II)

As was already mentioned in a previous post of this Spanish law firm, Arcos &

Lamers Asociados, those trade marks that follow the registration as Community

trade marks, may expand their horizons beyond protection of the European Union

through an international registration.

This process is performed by the Madrid Protocol system.

But, what is the Madrid System for International Registration of Trademarks?

The Madrid System for the International Registration of Marks, established in 1891,

is governed under the Madrid Agreement (1891) and the Madrid Protocol (adopted

in this city on June 27, 1989), and is managed by the World Intellectual Property

Organisation (WIPO) in Geneva, Switzerland.

The Madrid System offers the trademark owner the possibility to protect it in several

countries (those that form the Madrid Union), by filing a single application directly in

the own national or regional trademark office.

Whenever the parties to the Madrid Agreement are always countries, while the

Protocol may be intergovernmental organization, in turn, was from October 1, 2004,

when the European Union acceded to the Protocol, so that both trademark systems

became complementary.

In the event you are intended to register a trade mark application or a Community

trade mark as an international registration, the international application is filed

directly with the Office for Harmonisation in the Internal Market (OHIM), becoming it

in “Office of Origin”.

An application for international registration, may be filled only by natural persons or

legal entities which have real and effective industrial or commercial establishment

in, or is domiciled in, or are national of, a county or intergovernmental organization

that is a party to the Agreement (in the case of countries) or Madrid Protocol

(countries and intergovernmental organizations).

The Office for Harmonisation in the Internal Market (OHIM) analyzes the content of

the international application and subsequently transmitted to the International

Bureau of WIPO.

The multi-lingual Spanish lawyers of Arcos & Lamers Asociados, your solicitor in

Spain, have made a brief reference to the possibility of registering their mark

through two independent international procedures but complementary, which main

characteristics are the submission of an application in a single office, in one

language, with reasonable fees and costs and a single currency.

Before starting any of these processes and avoid unnecessary costs, it is advisable

to search through the various files and offices to get an idea of the real possibilities

of the registration of the mark and meet priorities oppositions in applications and

registered trade marks.

Do not hesitate to contact the International and Spanish trade mark lawyers of

Arcos & Lamers Asociados to Project your products and services in Spain, E.U,

and those countries part of the World Intellectual Property Organisation (WIPO).

Félix Ruiz Peña, English speaking Spanish lawyer in Marbella.

Additional information on trade marks can be found on:

Trademarks and Patents

and

Communitary-trade-mark-vs-international-registration

Do not hesitate to contact the lawyers and accountants of this English speaking

Spanish law firm for any additional information or clarifications.

Marbella, 2013.