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Frequently Asked

What is process to obtain a trademark registration?

The trademark registration process generally includes:

 

  1. Trademark Search: Check the trademark database in the target country/region for identical or similar marks.

  2. Prepare Application Materials: Include trademark design, goods/services categories, and applicant information.

  3. Submit Application: Submit to the local trademark office, e.g., CNIPA (China), USPTO (USA), EUIPO (EU).

  4. Formal Examination: The office checks if the documents are complete.

  5. Substantive Examination: Evaluate if the trademark meets registration requirements, like distinctiveness or conflicts.

  6. Publication & Opposition: If passed, the trademark is published and open for opposition.

  7. Registration Completion: Certificate is issued after no opposition or resolution of disputes.

Why register a trademark?

Key benefits of registering a trademark:

  1. Exclusive Rights: Only the owner can use the mark.

  2. Legal Protection: Enforcement against infringement.

  3. Brand Value: Increases brand recognition and competitiveness.

  4. Commercial Transactions: Facilitates transfer, licensing, or financing.

Can a trademark be registered in multiple countries simultaneously?

Yes, via the Madrid System or by filing separately in each country.

How often does a trademark need to be renewed?

In most countries, a trademark is valid for 10 years and can be renewed.

Can a trademark be partially assigned?

Yes, in some countries partial assignment by goods or services classes is allowed.

What is the protection term of an invention patent?

Generally 20 years from the filing date, depending on national regulations.

Can a patent be assigned to another party?

Yes, a patent can be transferred via a written assignment agreement.

What happens if a patent is not used for several years?

In some countries, the patent may be revoked or rights limited if not used.

What is the duration of copyright protection?

Generally, the author’s lifetime plus 50 to 70 years, depending on the country’s law.

Can software works be copyrighted?

Yes, software is protected as a literary work, but its functionality or algorithms are not covered.

What are the legal consequences of copyright infringement?

Consequences may include injunctions, damages, and even criminal penalties depending on the country.