IP protection and trademark registration
Any intellectual deliverables created by human intelligence according to the general principles belong to the author. The owner of the creation has the exclusive right to use, sell or transfer this right to others for personal or commercial use. Unfortunately, it is very easy to copy such objects in modern reality, especially thanks to digital technologies. Moreover, intellectual property protection is essential for certain businesses that work in the spheres of software development, marketing, entertainment, education, and so on. That is why when creating something new, it is important to think about IP protection in advance.
What is IP protection?
Patenting of software grants the following privileges:
This abbreviation stands for intellectual property protection. There are four main types of IP protection that relate to the different objects of protection:
- Patents (inventions, utility models, industrial designs).
- Copyright (literary works, music, dramatic works, pantomimes, choreographic works, sculptural, pictorial, graphic works, sound recordings, artistic works, architectural works, and computer software).
- Trade secrets.
Each country has its own regulations on international trademark registration. To protect against infringement on an international scale, there are transnational mechanisms for the defense of intellectual belongings, approved by various conventions and provisions.
Our firm’s lawyers provide a range of services for the protection of intellectual property rights both domestically and at the international level.
The process of receiving IP protection
To protect software, artwork, invention, or trademark, they must be registered with the state. There are certificates valid in certain countries or internationally. Protecting your intellectual property is granted for a specified time, after which it can be renewed.
The most accessible and common way to protect your IP is to register a trademark.
Registering a trademark is important for several reasons. First and foremost, it provides legal protection and exclusive rights to the owner of the trademark, preventing others from using a similar mark in connection with similar goods or services. This can help to prevent confusion among consumers and protect the reputation of the brand. Additionally, a registered trademark can be a valuable asset for a business, providing a competitive advantage and helping to establish brand recognition and customer loyalty. Finally, registering a trademark can help to prevent infringement and unauthorized use of the mark, providing the owner with the ability to take legal action to protect their intellectual property.
It should be noted that in the context of domain names, registering a trademark can provide additional protection against cybersquatting, which is the practice of registering a domain name that is similar to a trademark in bad faith with the intent to profit from the trademark owner’s reputation. By registering a trademark, the owner can demonstrate that they have a legitimate interest in the domain name and can take legal action to protect their rights. Or you need to register a domain for the site in the first level domain of the country code zone, which is not possible without a registered trademark (of the same name as the domain). For all of the above, official trademark registration is required, which, as a result, can become a confirmation of the owner’s rights to perform various actions in relation to the TM.
Whо can register a trademark?
Both an individual and a legal entity can enter the international trademark register by filing an application for trademark registration with the National Trademark Office. The cost of registering a trademark depends on the number of applicants, the need to register a trademark in color or in black and white, the number of classes of goods and services (ICGS), and the term for registering a trademark.
The trademark registration procedure consists of several stages and requires knowledge of legislative norms and requirements for preparing an application for the registration of a trademark. The application for a trademark can be refused in registration if it does not meet the formal requirements for its preparation. You can find more detailed information on how to register a trademark in a specified country on our website or by contacting us using our contact details.
What jurisdictions does trademark registration cover?
It should be noted that the rights to a trademark arising after its registration are valid only in the territory of the country where it was registered. Thus, if a trademark is registered on the territory of the United Kingdom, then the owner of the trademark will dispose of all material and intangible rights to the designation only on the territory of the United Kingdom. To obtain trademark protection abroad, you should familiarize yourself with and select the necessary procedure, depending on the countries or regions where you plan to use the trademark.
Thanks to close partnerships with patent attorneys from the CIS, Europe, the USA, and other countries of the world, our company will be happy to provide you with a full range of services for registering trademarks not only in the United Kingdom but also in any other country of interest to the applicant, namely:
- consulting and conducting a preliminary study in order to identify similar and identical brands; recommendations for improvement in case of detection of similar trademarks;
- assistance in the correct classification of the list of goods and services in accordance with the 11th edition of the Nice Classification (the list of goods and services determines the scope of the rights granted)
- registration (drawing up an international trademark application) and filing applications for registration of a trademark in accordance with the law;
- record-keeping and legal support of the application during the formal examination and substantive examination: filing petitions and preparing reasoned responses to the requests and comments of the Examination, challenging decisions, amending the application, and extending the deadlines;
- obtaining a trademark registration certificate and extending its validity;
- preparation and registration of agreements on the transfer of rights and license agreements;
- paperwork for deciding on the recognition of a well-known trademark in Ukraine.
- international registration in any country of interest to the applicant;
- brand monitoring;
- protection of intellectual property rights in case of their violation;
- other services in the field of intellectual property.
We were pleased to cooperate with Fintecharbor on the registration of an international trademark. Counselors had great ideas and coped with their tasks 100%! Highly recommend.
This is not the first time I have worked with this firm, every time, everything goes just fine.
Contact our team for intellectual protection. We will tell you about all the nuances and assist you in acquiring the basic documents quickly.
The list of necessary papers is negotiated in each individual case. It depends on the class of the protected object and the jurisdictions of protection.
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