Trademarks Corporate name: Allows for the identification of the legal entity, i.e. the company having a legal form. It is registered in the Trade Registry. Counterfeit: Infringement of industrial property rights. The counterfeit takes multiple forms such as copy, imitation, unauthorized use, and the like. License: Leasing or operating agreement related to an industrial property right. Opposition: Procedure allowing the owner of a trademark protected or filed before, the recipient of a former date of priority, the owner of a manifestly known former trademark, the holder of protected geographical indication or denomination of origin, or the beneficiary of an exclusive license to oppose another request for trademark registration which is deemed to infringe their rights. It is the publication of the new requests for trademark registration which allows these holders of former trademarks to formulate an opposition within a two-month period. Publication: Procedure allowing the holders of industrial property rights over the trademarks to inform themselves on the new requests for registration. The publication of the duly filed requests is carried out during the second and fourth weeks of each month. It must take place within a one-month period as from the date of filing of the said requests. Registration certificate for a trademark: Official document issued by OMPIC certifying the registration of a trademark, including information on the filing person or company, the agent (if necessary), the products and/or of the designated services, the classes to which these products and/or these services do refer, the references of the priority rights (if necessary) and the color claim (if necessary). Request for continuation of proceedings: Request allowing the filing person or company to be able to continue the procedure of registration of a trademark in the event of non-observance of the regularization deadlines within a 3-month period. The regularization must be made during a 2-month period as from the expiry of the aforesaid deadlines. Renewal: The trademark takes effect for a ten-year period which may be renewed indefinitely. It may be renewed in the six-month period preceding the expiry by its period of validity. A six-month grace period starting from the expiry of the period of validity of the trademark is granted to the filing person or company to carry out the renewal. This renewal is counted, starting as from the expiry of the period of validity of the trademark. Sign: Physical sign which is visible and makes it possible to recognize and locate the places where activities of a company or a personal entity are exercised. Trademark: Industrial property title issued by OMPIC. It is a sign which is likely to take the form of a graphic representation serving to distinguish the products and/or services of a person or entity from those of the competition.It may be made up of a word or an assembly of words (denominative trademark). It may consist of an assembly of signs, graphics or colors (figurative trademark). The forms (three-dimensional trademarks) may constitute trademarks. The mixed trademark is made up of an assembly of denominative and figurative elements. Transfer Sales contract of an industrial property right. It is also a transfer to a third party of all or part of the industrial property right.In order to be enforceable against third parties, the transfer of the industrial property right must be registered in OMPIC's registers. Unfair competition: Improper use of the freedom of trade and industry. This act lies in the imitation of the trademarks, the patents, the designs and industrial models, etc. Validity : The registered trademark has a 10-year validity period as from its date of filing, renewable for equivalent periods. |
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