International trademarks, Community trademarks and domestic trademarks effective abroadWithin a six months’ period following the registration of a German trademark, it is possible to extend the protection of a trademark to other countries effective from the day of the primary registration of the trademark in Germany. Apart from that, an international registration of a base German trademark is possible at the International Trademark Office (located at the WIPO/OMPI, World Organisation for Intellectual Property Protection). This registration is governed by the Madrid Agreement Concerning the International Registration of Trademarks (MMA) and the Madrid Protocol (PMMA). Europe-wide registration of a trademark and an application for a domestic trademark of effective abroad provide further possibilities. 1. International Trademark Registration (IR-trademarks)The following countries are party to one or both of the above mentioned agreements. By means of an application with WIPO/OMPI we can extend the protection of a (usually German) base trademark to these countries. With the following chart we would like to provide you an opportunity to determine the countries on which the protection of your trademark should be extended.
AG Antigua and Barbuda AL Albania AM Armenia AT Austria AU Australia** AZ Azerbaijan BA Bosnia and Herzegovina BG Bulgaria BT Bhutan BX Benelux BY Belarus CH Switzerland CN China CU Cuba CZ Czech Republic DK Denmark** DZ Algeria EE Estonia** EG Egypt ES Spain FI Finland** FR France GB United Kingdom** | GE Georgia** GR Greece** HR Croatia HU Hungary IE Ireland IS Iceland** IT Italy JP Japan** KE Kenya KG Kyrgyzstan KP Democratic People’s Republic of Korea KZ Kazakhstan LI Liechtenstein LR Liberia LS Lesotho LT Lithuania LV Latvia MA Morocco MC Monaco MD Rep. of Moldova MK The former Yugoslav Rep. of Macedonia MN Mongolia | MZ Mozambique NO Norway** PL Poland PT Portugal RO Romania RU Russian Federation SD Sudan SE Sweden** SG Singapore** SI Slovenia SK Slovakia SL Sierra Leone SM San-Marino SZ Swaziland TJ Tajikistan TM Turkmenistan** TR Turkey UA Ukraine US USA UZ Uzbekistan VN Viet Nam YU Yougoslavia ZM Zambia |
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The basic official fee for an international registration for three classes amounts to 653 Sfr. (approx. € 442). Starting from the fourth class the official fees are increased by 73 Sfr. per each class. For each country on which the protection of a trademark should be extended additional official fees amounting to 73 Sfr. are charged. Filing an application via the German Patent and Trademarks Office is charged with the official fee of approx. € 176. In countries marked with “**”, individual fees are ranging from 112 to 1337 Sfr. The same applies to class fees, which range from 15 to 1262 Sfr. As far as our fees are concerned, you can find them in our performance specifications or have them estimated by us (including official fees) if you send us back this form. The countries in bold and underlined printing are presently party to the Madrid Protocol only, the countries in italics are party to the Madrid Agreement Concerning the International Registration of Trademarks only. All the remaining countries are party to both agreements (MMA and PMMA). 2. Community Trademarks (EU-Trademarks, CTM)By means of an application for a Community Trademark at the Office for Harmonisation in the Internal Market (OHIM) in Alicante, Spain, it is possible to apply for protection in all 27 member countries of the European Union. Members of the European Union are - among others (27 countries): Luxemburg, the Netherlands, Belgium, Germany, Denmark, France, Finland, Great Britain, Greece, Italy, Ireland, Austria, Portugal, Spain and Sweden. Please note - in particular in case of a trademark in Germany – that Switzerland is not a member of the EU and therefore it is recommended to register a trademark according to subsection 1. of this form. The official fee for the application for a Community trademark in three classes amounts to € 750, additional € 200 are charged per class starting from the fourth class. The registration of a Community trademark amounts to an additional official fee of € 850, and another € 200 per class starting from the fourth class. You can find our fees in our performance specifications or have them estimated by us (including official fees) if you send us back this form. 3. Domestic trademarks effective abroadAs far as countries are concerned which are not party to either of the above mentioned agreements (e.g. until 1st November 2002 the USA which became a member of the PMMA on 2nd November 2003) it is necessary to apply for a national / domestic registration by means of overseas representatives. We have worldwide contacts. The ensuing costs vary from country to country and must be determined individually. We will be happy to inform you. Please contact us. 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precedence seniority of a trademark as a trademark protectable signs trademark protection precedence seniority of a trademark requirements fort he protection of a trademark to enter in a register ownership grounds for refusal registered trademarks entered into the registry relative well-known earlier mark the scope of protection infringement exclusive right of the owner of a mark; statement of claim exclusive right of the owner claim for nonfeasance; statement of claim representation of a registered trademark claims against agents or other representing parties information claim protection limitation statute of limitations forfeiture of a right forfeiture of rights binding effect of trademark registration use of names and descriptive data spare parts shop exhaustion forfeiture of rights due to the insufficient use of a trademark trade mark use trademark transfer of a right legal ownership; deliveries to the owner physical rights compulsory enforcement; bankruptcy proceedings licences registered trademarks registration procedure registration requirements day of registration; registration claim; publication of registration foreign priority examination of grounds for refusal absolute grounds for accelerated patent examination withdrawal of the application modification of an application correction of an application registration objection objection of nullity insufficient use of a trademark decision on objection correction; division; duration of protection prolongation modification register publication duration of protection prolongation relinquishment expiration and nullity; nullity proceedings expiration nullity due to absolute grounds for refusal nullity due to existence of older rights effects of nullity due to expiration or nullity cancellation by the Patent Office due to expiration cancellation procedures before the Patent Office on absolute grounds for refusal cancellation procedures before ordinary courts general rules concerning proceedings before the Patent Office jurisdiction Patent Office justification objection expert opinion court hearing investigation; hearings; wording decisions; communication of the possibility of appeal access to the files; access to the register proceedings costs and charges recollection proceedings before the Patent Office appeal; proceedings in open court participation of the president of the Patent Office oral debate decision on objection costs of the objection proceedings; preparation of an oral debate taking of evidence wording judicial finding of fact; legal hearing delivery of the decision; delivery; justification correction representation; power of attorney application of further regulations; invalidity; access to the files proceedings before the Patent Office legal complaint correction of the complaint; grounds for complaint more participants application of further regulations decision on legal complaint award of costs common regulations duty to tell the truth official language und deliveries legal assistance collective trademarks ownership registrability of geographical indications of origin as collective trademarks limitations of protection; use right to sue; recompense for damage regulation governing use of the marks lawyer attorney-at-law nullity Community trademarks protection of trademarks according to application of rules of this act IR application costs entry in the register subsequent extension of protection effect of international registration absolute grounds for refusal of protection examination of the absolute grounds for refusal objection subsequent refusal to protection objection and application for cancellation on grounds of an internationally registered trademark exclusion from rights due to lack of utilisation of transferred trademarks with international registration trademark protection according to the protocol of the madrid trademark agreement application law on competition lawyer law Hanover Hannover regulation of this act IR-application fees note for the file; entry in the register subsequent extension of protection Adequate application of the regulations regarding the effect of According to the Madrid Agreement concerning the International Registration of Marks Trademark Agreement internationally registered marks transformance of an international registration Community trademarks application of Community trademarks at the Patent Office application of these regulations subsequent trademark subsequently declared void transformation of community trademarks community trademark courts; community trademark litigation informing the comission territorial jurisdiction of the community trademark courts insolvency procedure geographical indications of origin indications of origin protection of indications of origin names protected as geographical indications of origin data or signs scope of protection; claim for damages expiration protection geographical indications of origin according to the regulation (EWG) Nr 2081/92 application for the registration of a geographical indication of origin Application for altering specifications opposition proceedings responsibilities within the patent office jurisdiction; appeal monitoring right to forbearance; claim for damages expiration authorisation to create regulations protection of individual geographical indications of origin other regulations relating to the procedure of application and objection according to the regulation litigation protocol trademark infringement filing a trademark registration EU-trademark IR-trademark OHIM EPO European Patent Office German Patent and Trademark Office Trademark Act trademark guideline trademark law trademark infringement warning notice interim injunction: Trademark Act industrial property protection infringement of a trademark warning notice title title protection right to a name trademarks registered trademarks used trademarks known trademarks company symbols firm lawyer multimedia trademark trademarks competition warning notice company symbols HTML law attorney-at-law trademark trademark law infringement of a trademark right to a name warning notice interim injunction word mark picture mark domain names trademark slogan ad trademark branding mark communication advertising trademarks law office law offices solicitor solicitors barrister barristers counsel law firm law firms lawyer attorney-at-law avocat avocats advokatur abogado abogados bufete de abogados despacho de abogados estudio jurídico estudio jurídico patent germany german eurpean europe trademark attorney attorneys lawyer lawyers trademarks investment law office law offices law firm law firms attorney-at-law law office abogado avocat abogados avocats bureau d'avocats estudio juridico bufete de abogados avvocato Trademark Act attorney-at-law lawyers attorneys-at-law Berlin Munich Cologne Hamburg Hanover trademark trade name passing off competition law germany german attorney trademark agent trademark agents |
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