Property Agency,
Patents and
Trademarks
Community Trademark
Lawyers
Services
Specialists in the defense and protection of patents and trademarks.
Distinctive signs: trademarks and trade names
Designs
An industrial design gives the owner an exclusive right (to use and to prohibit their use by others without their consent), on the appearance of the whole or part of a product resulting from the features of, in particular, the lines, contours, colors, shape, texture or materials of the product itself or its ornamentation. The designs may be two dimensional or three dimensional.
The duration of protection conferred by Industrial Designs is five years from the date of filing of the application for registration, and may be renewed for one or more periods of five years to a maximum of twenty years counted from that date.
Patents and models
Title granted by the State which recognizes the right of exclusive exploitation of the patented invention preventing others from manufacturing, selling or using it without the owner's consent. The invention is a rule or set of rules that give technical means to solve a technical problem.
The term of the patent is twenty years from the filing date of the application. To keep it in force annual fees must be paid.
The utility model protects inventions with less inventive level than patents, consisting, for example, in giving to an object a configuration or structure which produces a practical advantage.
- The device, instrument or tool protectable by utility model is characterized by its "utility" and "practicality" and not by its "aesthetics" as in industrial design.
- The scope of protection of a utility model is similar to that conferred by the patent.
- The term of the Utility Model is twenty years from the filing date of the application. To keep it in force annual fees must be paid.
International
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The Madrid system for the international registration of marks (the Madrid system) established in 1891 functions under the Madrid Agreement (1891), and the Madrid Protocol (1989). It is administered by the International Bureau of WIPO located in Geneva, Switzerland.
Thanks to the international procedural mechanism, the Madrid system offers a trademark owner the possibility to have his trademark protected in several countries by simply filing one application directly with his own national or regional trademark office. In the case of Spanish applicants they should first have a Spanish or Community trademark application or registration. An international mark so registered is equivalent to an application or a registration of the same mark effected directly in each of the countries designated by the applicant. If the trademark office of a designated country does not refuse protection within a specified period, the protection of the mark is the same as if it had been registered by that Office. The Madrid system also simplifies greatly the subsequent management of the mark, since it is possible to record subsequent changes or to renew the registration through a single procedural step. Further countries may be designated subsequently.
The European patent system provides protection through a single patent application in all member countries of the Convention as desired.
Once granted, the European patent produced in each of the countries for which it is granted, the same effect as a national patent subject to the legislation of the country concerned.
The advantage of this system is that protection in Europe is easier and less costly.
Patent application under the Patent Cooperation Treaty (PCT) that allows protection for an invention simultaneously in a large number of countries by filing an only patent "international" application
The advantage of the PCT is that it facilitates the processing of applications when such protection is sought in several countries, as a single application produces the same effect as if the application had been filed in each of the countries that are part of the Treaty.