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Intellectual Property and Trademark

Updated: Feb 13


Stelios from VF

Author: Stelios Bitzilekis

Date of Publication: 24/06/2023





Intellectual property


Intellectual property means that a certain product, logo or pattern has been invented by a specific person. Therefore, it is protected as their property. In other words, it is the foundation of innovations. What’s more, its legal protection assures that such a person has exclusive benefit from what they invented while preventing others from doing the same. Besides that, intellectual property is important for culture such as art, articles, movies, social media creations and advertising.


Intellectual Property and Trademark

TRADEMARK


A trademark is something very special for each company. It is a logo that distinguishes a company and as a result its products from others. Actually, a trademark can have various forms such as sign, design or expression. It is also a very essential element in advertising and marketing. Moreover, it serves as a mark for any activity of a company. Additionally, in order to serve its purpose it is crucial that each trademark is protected. So, protection includes that it is forbidden for other parties to use a registered trademark or even duplicate it.


Process of application

Step 1 - register to Euipo

Since a new company wants the trade mark and protection for the European Union it is suggested that they register at the Euipo website. The protection of the trademark lasts for 10 years and is valid in all countries of the European Union. For electronic application the fee is 850 euro as it’s for its renewal.


Step 2 - examination

After the parts file an application at Euipo, a process of examination where the experts examine the trademark starts.


Step 3 - objection

Then comes a period of objection. Objection can occur if for example the trademark is already registered. Another scenario is when the trademark under the application might resemble or duplicate an existing one. So, anyone with legal interest can file an objection, normally antagonists. True innovation is needed in order to apply for a trademark which needs to be distinctive. In cases where there are two different businesses who apply for the same trademark the rule of priority claim is to be applied.


Priority claim


Priority Claim is the act of applying for its protection first and doesn’t refer to the fact of who used the mark first. They need to register to the Euipo website and file an application of either easy filling form or filling, depending on the company’s needs. If there is a need for a first claim and there are complications they should apply with a filling form.


Priority Claim Requirements


Things that are required are the trademark name and logo. Also, you need the corresponding products or company services and the name of the individual or company who will be the trademark owner.


Intellectual Property and Trademark

Importance of Intellectual Property and Trademarks


A trademark is part of intellectual property and as such it can protect other forms of intellectual property as well. So, a very important situation for trade is also an intellectual pattern. Many times a pattern is invented by a person or a company which uses a trademark that also distinguishes it.


 

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