Filing Requirements:
1. Power of attorney, simply signed, with company seal. A separate power is required for each application or set of applications. A general power of attorney, in French may be used for subsequent filings.
2. Copy of priority document, if priority is claimed, certified.
3. 1 film and 5 prints of the mark for each application.
* Items 1 and 2 may be submitted within 3 months from filing date.
* Item 3 must be submitted at the time of filing.
Classification:
The International Classification of Goods and Services (9th Edition) is followed. A single application may include several classes.
Opposition:
Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 60 days from publication date.
Extension Of Time:
Extension of time is not possible.
Protection Term:
Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewals with payment of a surcharge.
Documents Required For Renewal:
- Power of attorney, simply signed and sealed.
- 1 film and 5 prints of the mark for each application.
Use Requirements:
Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years.
Search:
An official search can be conducted for word marks and devices. The search takes approximately 3 working days for word marks and 10 to 15 working days for devices. The search report discloses similar and identical trademark registrations.
Assignment:
* Registered trademarks may be assigned with or without the goodwill of the business concerned.
* Documents required:
- Power of attorney from the assignee, simply signed and sealed.
- Deed of Assignment, notarized, with simple French translation.
Change Of Name/Address:
* A change of name/address may be recorded for trademark registrations only.
* Documents required:
- Power of attorney, simply signed and sealed.
- Certificate of change of name, with simple French translation.
- For a change of address only a power of attorney, simply signed and sealed, is required.
Licensing:
* License recordal is not compulsory but advisable in order to be effective against third parties.
* Documents required:
- Power of attorney, simply signed and sealed.
- License agreement, with verified French translation, notarized.
Merger:
* A merger may be recorded for trademark registrations only.
* Documents required:
- Power of attorney, simply signed and sealed.
- Copy of certificate of merger, certified, with simple French translation.
Marking:
Marking is not compulsory.
Cancellation:
A cancellation court action should be initiated against an offending mark within 3 years from the filing date unless the offending mark was registered in bad faith, in which case, there is no time limit.
Registration Time Frame:
The time frame for completing the registration process is 9 to 15 months.
Three Dimensional Trademark Applications:
Unacceptable.