Registrations

A trademark is registered either nationally, in the country in which you want to protect your trademark, or through OHIM, which is the office that handles community trademarks, i.e. trademarks that afford protection in all EU countries. You can also make an international application through WIPO, whereby you select the countries in which you wish to obtain protection for your trademark. You can apply for protection for all countries that are members of the Madrid Protocol.

In order to be able to register a trademark it must have distinguishing capacity. Distinguishing capacity means that the trademark cannot be descriptive of the goods and services it is used for. In certain instances distinguishing capacity can be achieved through establishment. Further requirements for registration are that the trademark can be represented graphically, cannot be confused with previously registered trademarks and companies, is not misleading with regard to the product’s/service’s nature, state, quantity, use, price or geographical origin and cannot be perceived to be someone else’s family name. The scope of the protection is determined by the goods and services stated in the list of goods.

A trademark can consist of a word, a figure or a sound, or a combination of these elements. But there are also trademarks made up of slogans, colours, melodies, or the shape or packaging of the goods – its ‘trademark appearance’.

We will give you advice and help you register your trademark when necessary!