Filing Requirements:
1. Power of attorney, simply signed. A general power may be used for subsequent filings.
2. Copy of priority document, if priority is claimed, certified.
3. 5 prints of the mark for each application.
* Document 1 may be submitted within 2 months from filing date.
* Document 2 may be submitted within 3 months from filing date.
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 3 months from publication date.
Extension Of Time:
Extension of time for oppositions/counter-oppositions or for responding to office actions 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.
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 after registration date.
Search:
An official search may be conducted for word marks and devices. It takes approximately 10 to 15 working days for the results to be available. A single application is required for search in all classes. The search report discloses similar and identical trademark registrations.
Assignment:
* Trademark applications and registrations may be assigned with or without the goodwill of the business concerned.
* Documents required:
- Power of attorney from the assignee, simply signed.
- Deed of assignment, certified.
- Original registration certificate of the mark for endorsement.
Change Of Name/Address:
* A change of name/address may be recorded for trademark applications and registrations.
* Documents required:
- Power of attorney, simply singed.
- Copy of certificate of change of name or address, certified.
Licensing:
* License recordal is not compulsory but advisable in order to be effective against third parties.
* Documents required:
- Power of attorney, simply signed; license agreement, notarized.
- Original registration certificate of the mark for endorsement.
Merger:
* A merger may be recorded for trademark applications and registrations.
* Documents required:
- Power of attorney, simply signed.
- Merger certificate, notarized.
- Copy of home registration, certified or certificate of activity issued by the Chamber of Commerce of the applicant’s domicile.
- Original registration certificate of the mark for endorsement.
Marking:
Marking is optional.
Cancellation:
A trademark is subject to cancellation by any interested party within 5 years from registration date unless the 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 10 to 12 months.
Three Dimensional Trademark Applications:
Inadmissible.