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Trademark

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IP PROTECTION



PINTAS Intellectual Property (IP) Protection Trademark

1. What is a trademark?
Just as your name identifies you and distinguishes you from others, a trademark identifies the source of a product or service and distinguishes it from the source of other products or services.

2. How are Trademarks classified?
For purposes of trademark application, all goods and services under the sun are classified under the Nice Classification of Goods and Services, of which:
- Class 1-34 : Goods (TM)
- Class 35-45 : Services (SM)

On top of the classes for goods and services, Applicants who wish to protect the trade channels may also want file their trademarks under the channel classes:
Class 16 Printed Materials
Class 35 Retail Outlet (online and offline)

3. What are the criteria to register a trademark
  • a) New
    A trademark is new if no prior applicant has filed an identical or confusingly similar mark in the same trademark classification of the national trademark register of the country in which the protection is sought.
  • b) Distinctive
    A trademark is distinctive if it is not descriptive of nor in direct reference to the nature and character of the product or service to which the trademark is applied.


4. What are the procedures to file a trademark?
A trademark application process comprises of the following steps
  • a) Trademark Search
  • b) Application
  • c) Objection
  • d) Publication/ Opposition
  • e) Grant
  • f) Renewal


5. The life of a Trademark
The initial validity period of a trademark is 10 years from the date of application. The life of a trademark can continue indefinitely on payment of renewal fees every 10 years.