Foreign Trademark Registration

By means of this system you have the possibility of protecting your trademark in any country worldwide.

This registration system brings about the same effects as a national registration application in the country where it is filed, and in this sense it is also governed by the legal regulations in force in that country.

What is a Foreign Trademark?

A Foreign TRADEMARK is understood to be any sign or means which distinguishes or is used to distinguish similar products or services by different companies in the market. A good Foreign TRADEMARK has distinguishing power and differentiating aptitude.

In particular, the following may be trademarks:

• DENOMINATIVE: words and combinations of words.
• GRAPHIC: Graphic symbols, logos, drawings, etc.
• MIXED: the combination of denominative and graphic elements.
• THREE-DIMENSIONAL: Three-dimensional shapes, including the packaging, containers and shape of the product.
• SOUND MARKS: sounds, provided that they can be represented graphically, e.g. with the stave.

What requirements should a GOOD Foreign TRADEMARK fulfil?

From a business point of view, when creating a trademark, it is advisable to bear the following points in mind:

• EUPHONY: Names that are difficult to pronounce should be rejected, as should rude expressions or words, endeavouring to tend towards pleasing expressions.
• EASY TO REMEMBER: It must be easy to remember.
• EVOCATIVE: It must be suitable for transmitting the message we want the public to receive.
• PLEASANT: It must evoke pleasant ideas or impressions. Avoid rude words.

What documents are required to start the procedure?

Name and address of the interested party.

Name, emblem or logo to be registered. The application must include a graphic representation of the trademark.

Products to which the trademark will be applied, Name or sign.

Authorisation in our favour, enabling us to act in the name of the interested party.

If in any doubt, do not hesitate to contact us, and we will reply quickly and professionally (contact).

Do I have exclusive rights to use the trademark with all products and services when I register a trademark in one classification of products and services?

As soon as the registration certificate of a TRADEMARK is granted, its owner holds the exclusive rights to its use in business. The name, logo, labels and images distinguish your product or service from other similar products and cannot be imitated or copied.

What are the advantages of registering a Foreign TRADEMARK?

Trademark rights are usually limited to those products and services that are identical or similar to the products and services of trademarks that are already registered. Thus, a trademark may have exclusive rights for certain products or services in one or several classes, and another company may rightfully use the same trademark for products or services that are not similar. Most countries have adopted the International Classification of Products and Services system. ALVAMARK can advise you on which classes you should register your trademark in so as to protect it properly.

How can I find out if a Trademark is already registered?

Before applying for a trademark, the Spanish and European Community Trademark databases should be searched. Our office will perform, free of charge, a comprehensive search for your trademark prior to applying for its registration; in this way we can assess the probability of success in the granting of your trademark

For how long is a Foreign Trademark registration valid?

Usually, the trademark is granted for ten years as from the date of application, and prior to its expiration it can be renewed indefinitely for successive periods of ten years.