TRADEMARK

Why you should register your trademark.

Our trademark services

Naming process

Otmore will guide you through the whole naming process. We include all necessary services like preliminary searches and communication consultants in the process. We can offer you this service for a fixed fee including the whole process – from the idea to registration and communication.

Linguistic search

Your searched mark name will be manually analysed by professional translators.
They will specifically indicate potential misunderstandings and connotations.
Analysed languages:

  1. Afrikaans 17.                         Japanese
    2.                            Arabic                  18.                         Korean
    3.                            Azerbaidzhan   19.                         Macedonian
    4.                            Czech                    20.                         Malay
    5.                            Danish                 21.                         Norwegian
    6.                            Dutch                   22.                         Pilipino
    7.                            English                 23.                         Polish
    8.                            Estonian             24.                         Portuguese
    9.                            Finnish                25.                         Romanian
    10.                         French                 26.                         Russian
    11.                         German               27.                         Simplified Chinese
    12.                         Greek                    28.                         Spanish
    13.                         Hebrew               29.                         Swedish
    14.                         Hindi                    30.                         Thai
    15.                         Hungarian         31.                         Turkish
    16.                         Italian                  32.                         Ukrainian
Trademark Search Report – Comprehensive

The comprehensive search is suitable for you when you need more accurate information and more details about the possibility to get your trademark registered and used in the country/countries where you are planning to launch.

The service includes:

  • Search in relevant trademark databases for both identical and phonetically and confusingly similar marks
  • Search in relevant company name databases
  • Search for relevant domain names
  • Search engine search to find non-registered trademarks at relevant markets

Our attorneys will analyse the marks that pose a risk, give his/her opinion and include the full records for the pertinent marks.

Add on – linguistic search of the mark

Pricing starts from 600 EURO/name + official fees and the report can be chosen to be delivered in 48 hours (extra fee) or up to 9 days.

Trademark Registration

Otmore can offer you various help and assistance in the field of trademark registrations. We are also confident that we can offer one of the most cost efficient solutions on the market today.

Otmore always work with fixed fees within the registration process to make sure that you can follow set budgets. We can offer registrations worldwide today and we set up a strategy with you to make sure that the registration process will go hand-in-hand with your launch in each country. Our legal department and project leaders are experts in managing this in the most cost efficient way. We have decades of experience in handling complex trademark strategies and registration processes.

Remember that it might take several years to get a trademark registration in some countries – the proactive process is extremely important to make sure that you get your registration in place in time.

Registration can be made in:

  • Each country separately – The registration process is handled by each countries trademark authority.
  • In a region like EU or Africa – EU trademarks are handled by OHIM and the trademark are applied in 29 countries directly. You can find more info here: oami.europa.eu. – In Africa, you can apply through OAPI (French old colonies) in 17 countries directly or ARIPO. You can find more info here: www.oapi.int and www.aripo.org
  • WIPO – World Intellectual Property Organization – A total of 95 countries are part of the World Intellectual Property Organization. Through the organization, we can apply for your trademark with one single application in all the member countries – with much lower fees than applying for each country separately.

Otmore is also a certified representative for EU-trademarks under OHIM, oami.europa.eu.

We are INTA members – The International Trademark Association (INTA) is a global association of trademark owners and professionals dedicated to supporting trademarks and related intellectual property. www.inta.org

Trademark Renewals

When registered, the Trademark is valid for (most common) 10 years. After that you have to renew it. Otmore can handle Trademark renewals in all jurisdictions and also secure that all details in your application are updated if necessary. Remember, that you also have to use the Trademark to be able to keep the registration if someone tries to cancel the mark.

Because of the long renewal timeline, we sometimes see trademark where the owner actually has forgot to renew it. Try not to be one of them! Contact us to find out how we can secure your trademark portfolio.

Office Action

When you apply for a Trademark the authority will examine your application. Different jurisdictions have different rules. If your application doesn’t fulfil the requirements needed, you will be sent an irregularity notice. For example, the process within OHIM (CTM-marks) is the following:

  • Classification – The goods and services you seek protection for are reviewed to see if they have been correctly classified and their nature has been clearly indicated
  • Formalities – All the details you have entered on your application are reviewed to make sure that everything is as it should be; the signature, languages, owner and/or representative data, priority and/or seniority claims are all reviewed.
  • Absolute grounds – Your trade mark is analysed to see whether it is distinctive but not descriptive.
  • Translation – Your trade mark application is translated so that details of it can be published in all the official languages of the European Union.

We carry out a search in the CTM database for identical and/or similar marks. The results are sent to you before we publish your trade mark application.

Invalidity and revocation of a trademark registration

Otmore will assist you in invalidity and revocation proceedings in all jurisdictions. For example, here are some information regarding this proceeding in EU (CTM-trademarks):

Source: https://oami.europa.eu/ohimportal/en/invalidity-and-revocation

When is a Community trade mark cancelled and thus removed from the Register of Community trademarks?

The Community Trade Mark Regulation (CTMR) provides for two types of procedure that come under the generic term of ”cancellation proceedings”.

On the one hand, the rights of the proprietor of a Community trade mark can be revoked and, on the other hand, a Community trade mark can be declared invalid. The difference is that Revocation applies as from the date of the request, whereas a declaration of invalidity removes the registration from the Register with retroactive effect.

When can the rights of the proprietor of a Community trade mark be revoked?

The rights of the proprietor of a Community trade mark (CTM) can be revoked in the following cases:

In the absence of genuine use. The law establishes that a CTM must be put to genuine use in the European Union in the five years following its registration. Moreover, use must not be interrupted for over five years.

If, in consequence of the acts of the proprietor, the trade mark has become the common name for a product or service in respect of which it is registered and the proprietor has not taken sufficient measures to prevent this.

If, in consequence of the use made of it by the proprietor, a trade mark has become misleading as to the nature, quality or geographical origin of the goods and services for which it is registered.

Trademark Watch & Monitoring service

How can you detect similar Trademark applications in different jurisdictions that might infringe on your Trademark? The answer is our Trademark Watch and Monitoring service.

Even if a similar Trademark application will be filed, in comparison with your Trademark, the authorities in different jurisdictions will not always give you a heads-up. You must react yourself. Our Trademark Watch and Monitoring service will do this for you. You can choose by the following:

  • Trademark Watch & Monitor – in one country
  • Trademark Watch & Monitor – in one region like the EU and whole Europe
  • Trademark Watch & Monitor – World Wide

You can Watch and Monitor both word- and figurative Trademarks today.

Our service includes:

  • All classes are included in the Trademark Watch
  • A first similarity check

We will get a report every week and send it to you if there are any similar hits. We will also guide you to make sure that your Trademark is protected in the best possible way.

Otmore TM Management Service (OMS)

Means that Otmore manage your trademark rights and is responsible for getting you the correspondence sent from the authorities, other holders regarding your trademark and also the renewal will come to you in time.

Main top 3 reasons why you should register your trademark:

  1. Exclusive Right – It gives you an exclusive right to use your trademark name or logo in the fields and markets that your trademark has been registered in. For example you can stop piracy copies and products that you haven’t approved.
  2. Trademark assurance – You get some kind of approval that you´re not infringing other companies registered trademarks.
  3. Increased Value – Your trademark evaluation will increase. A lot!
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