There are two types of marks:
trademarks and service marks. A trademark distinguishes the source of
goods and a service mark the source of services. This means that a
trade or service mark distinguishes the goods and services of an
individual or an enterprise from those of others.
Proceeding of Trademark Registration
Words, logos, slogans, mottos, names, letters, numbers, symbols,
emblems, shapes, designs, features of packaging, color combinations,
animations, figurative elements or combinations of those signs and also
sounds may be used as trade or service marks.
Figurative elements comprise e.g. designs, pictures, drawings of
landscapes, animals, people, things, ornaments, shapes, houses, stars,
fictitious beings, geometrical figures and solids: whether real or
Marks, although usually 2-dimensional, may also be 3-dimensional. E.g.
forms of containers, holders or packages or the shape of the goods
themselves can be used as trademarks.
a. The application is filed at the Trademark Office.
b. The application process includes a formal examination, an
examination of distinctiveness and a search for prior trademarks. Signs
not deemed distinctive in the examination can be registered if
distinctiveness has been acquired by use.
c. Prior to registration, the trademark application is published in the
“Official Gazette” for opposition purposes.
Is meant by industrial design (either 3D
model or 2D drawing) all formal innovation referring to features of
appearance of the product or its ornamentation. I.e, any object that
could serve as a pattern for the manufacture of a product and that can
be described by its structure, configuration, ornamentation or
Industrial designs make a product attractive for the consumer, and its
Increases performance of invested capital
Promotes economic development
Promotes creativity and contributes to the expansion of commercial
Usually, an industrial design must be “new”, meaning by the concept of
novelty a design which is not similar nor identical to anyone else
The process for design registration:
Filing of the application.
Formal and substantial examination.
Publication in the official Journal
Period for the filing of oppositions.
Granting or denial
Generally, once granted, the protection is valid for a period of 5
years, renewable for periods up to 15 years in most cases.
A patent is
a grant of a property right given by the Government to an inventor to
exclude others from making, using, offering for sale, or selling the
invention in a country or importing the invention into a country for a
limited period of time.
Procedure of registration of a patent:
To be patentable, an invention must be new, nonobvious, inventive and
Not patentable are:
a. Discoveries as well as laws of nature and mathematical methods;
b. Aesthetic designs;
c. Systems, rules and methods for the performance of mental labor,
games or management as well as computer programs and
d. Presentation of data and abstract ideas.
An invention can also be an improvement on existing items or methods.
Patents may be granted for example for a product (machine, article of
manufacture), process, or any new and useful improvement thereof.
Once a patent is obtained, an invention can not be used, manufactured,
duplicated or sold without the inventor’s authorization. Patent rights
can be enforced in court against third party infringers who practice
the invention without permission of the inventor or title bearer.
b. Formal Exam (2 Months term to rectify)
e. Substantive Examination
f. Granting of the patent