Trademarks

A trademark is a recognizable and distinguishable sign, design or expression

which identifies goods or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity that manufactures, processes, verifies, or sells the goods or the services. A trademark is an outcome expressed in the shape of a mark, a letter, or a dimensional form, or a combination of the mark, the letter, or the dimensional form, as well as a factual expression of sound or smell in a visual method.

Requirements for Trademark Registration

Several conditions should be met in order to have a trademark registered.
Any trademark that fails to fulfill any one of the conditions will not be registered, and among the conditions of such,
the following conditions are the most important elements that should be paid with extra attention:

  • 01
    Trademarks must be distinctive when compared to other trademarks.
    The trademark you are about to register should be distinctive with respect to the trademarks of others. Therefore, ordinary name of the goods, trademark used customarily on the goods, conspicuous geographical name, common names or designations, and/or simple and ordinary signs may not be registered as trademarks.
  • 02
    Trademarks must not be identical with or similar to another person’s trademark application and registration
    When someone else already filed and registered a trademark that is identical with or similar to your intended trademark, you will not be able to register your trademark for use. However, the dispute over similarities of trademarks may be resolved, although not guaranteed, if the two trademarks represent the two goods or services from different industry or the purpose.
  • 03
    Trademarks must not be identical with or similar to another person’s well known trademarks.
    Any trademark that is identical with or similar to another trademark that is widely known to consumers will not be registered. In a case as such, even when the well-known trademark is not filed and registered in the county you intend to file and register your trademark, you will not be able to register your trademark ? even in a case when the goods or service you intend to sell under the intended trademark is not identical with or similar to the goods or the service that is sold under the trademark, which is well-known to consumers.
  • 04
    Trademarks must not mislead or deceive consumers.
    If your intended trademark is subject to, or determined likely to mislead or deceive consumers (in terms of the quality of a good or service you intend to sell under the intended trademark, or the good itself), the trademark will not be registered.
  • 05
    Trademarks must not include a name of public figure or business.
    If your intended trademark includes a name, a designation, a business title, a portrait, and/or initials or abbreviated letters of such, you may not be able to register the trademark. However, an exception may be made if you obtained an approval of the person or the entity who owns the name, the designation, the business title, the portrait, and/or the initials or abbreviated letters of such.

Definition Trademarks

  • Trade
    marks
    A trademark is a recognizable and distinguishable sign, design or expression which identifies goods or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity that manufactures, processes, verifies, or sells the goods or the services. A trademark is an outcome expressed in the shape of a sign, a letter, or a three-dimensional shape, or a combination thereof as well as a realistically expressed sound or odor in a visual method.
  • Service
    Marks
    A service mark is a trademark used to identify a service, rather than a good, from another service (e.g. a sign to distinguish a service such as an ad, financial service, or food and beverage service)
  • Collective
    Marks
    A collective mark is a trademark, which is owned by an organization (such as an association or a cooperative entity), used by its members to identify themselves with a good or a service of the organization.
Expiration of
Trademarks

A trademark is valid for 10 years, starting from the date on which the application of the trademark is registered However, a renewal request should be filed within the year before the end of every ten-year period after the date of registration. The renewal may be made for a 10-year term provided with semi-permanent right.