Frequently Questions PONS IP's Solutions
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Trademarks and Brand Intelligence
The commercial name is the sign or denomination that serves to identify a company and distinguish it from others that carry out similar or identical activities. The trademark, however, serves to distinguish products and services for consumers.
It is not recommended. In order to enjoy the benefits of protection offered by trademark registration, it is essential to have it granted. Since the application, the trademark enjoys provisional protection but it is not until the moment of granting that the owner enjoys full rights.
The deadlines for registering trademarks and trade names in Spain vary depending on the process. For applications that are not opposed by other owners, the definitive concession normally takes between 6 and 9 months. Depending on the territory where the registration of the trademark is requested, the terms for its granting may vary. In the case of an application for the registration of a national trademark, the terms for its granting, since the application is filed, are the following:
Application 15 days approximately publication deadlines opposition concession (if there is no opposition)
In the case of an EU trademark registration application, since your application is filed, they are the following:
Application 15 days approximately publication deadlines opposition concession (if there is no opposition)
The trademark registration grants us its protection and exclusivity for a period of 10 renewable years. Its renewal can be requested from the 6 months prior to its expiration date. Keep in mind that we can renew the trademark totally or partially, thus adapting its coverage, the products and services initially requested, to those that really continue to interest us.
The trademarks can be used from the granting of their registration. To take into account that, Yes, the trademark is not used in the first five years from its granting, or ceases to be used subsequently for the same period in an uninterrupted manner after having been used. , their expiration can be declared. With the trademark registration title, many benefits are obtained, among others and the most important, the right of exploitation and exclusivity. For this reason, it becomes essential to register the trademark.
Yes. The first step towards the protection of a trademark is its registration, but once the trademark is registered, it is very important to carry out an exhaustive follow-up. In order to be informed of all registration attempts, both nationally and internationally, worldwide, there is a complete surveillance service together with the advice of an expert consultant. This determine the appropriate actions to be carried out, prevents possible attempts to register identical and similar trademarks that may damage the brand image, compete with its exclusivity and directly affect its market value.
No, there are 6 months to be able to extend the request for protection in other territories. However, it is recommended. Since the first step in achieving adequate protection for a trademark is that its registration is aligned with its marketing and brand expansion objectives in the medium and long term. To do this, it is essential to establish a strategy prior to its registration in order to analyse assess and determine in which countries ownership of the trademark should be applied. From our Trademark and Brand Intelligence area, specialized consultants study each brand individually, together with its objectives, to design the most appropriate protection strategy in each case. In the case of classes, the same thing happens, coverage cannot be extended and hence it is very important to have them well defined at the time of the request.
No, the trademarks are renewed with the same characteristics that were initially requested, there could be no change. For this reason, it is very important to have a prior protection strategy because, once a trademark is granted, it cannot be modified. In the event that you want to change the logo, you would have to make a new trademark application.
A wordmark is one that is made up exclusively of words or letters (lower or upper case), figures or standard typographical characters, without graphic, layout or colour characteristics. With them, protection is obtained exclusively for these elements, although in case of conflict, it is analysed from the triple phonetic, graphic and conceptual perspective, as occurs with the rest of the types of trademarks.
Any element that is exclusively graphic or that combines graphics with verbal aspects can be registered with a figurative trademark.
From a logo, isotypes, imagotypes or any symbol or illustration that visually represents a brand.
Sound mark: (melodies, jingles,…)
The sound mark in one of the marks categorized within the group of marks known as non-conventional marks. In this group of marks known as “non-conventional marks” are the position, pattern, colour, sound, movement, multimedia, hologram, and even olfactory ones. The sound mark is made up of a sound or a combination of these. The way to represent this type of trademark in your registration application is through a score or an mp3 file. It is important to carry out a study prior to the application to analyse and design the best strategy to obtain this type of registration. Non-conventional trademarks are more complex and varied; That is why, when in doubt, we recommend that you consult us.
A movement mark protects a movement or a change in the position of the elements that make up the mark. Multimedia marks protect combinations of movement with sounds. Three-dimensional marks protect three-dimensional forms including the verbal and figurative elements they contain.
A colour can be requested as a trademark when it is distinctive enough and Yes, society as a whole associates it with your visual identity.
When a specific place or way in which, for example, a logo is placed on a product, or how certain shapes are placed on it, is what is protected as a position mark.
Patents, Technological Development, and Innovation
It is a property title over an invention that the States give to one owner, or several owners, and that give the right temporarily prevent others from manufacturing, selling or commercially using the protected invention in that country. Therefore, It is a territorial and temporary right, since patents can only remain in force for 20 years, counting from the date of application before the official body.
Like patents, it is a property title over an invention that the States give to one owner, or several owners, and that give the right temporarily prevent others from manufacturing, selling or commercially using the invention in that country protected. In this case, the duration of the Utility Model is 10 years from the filing of the application. Not all countries allow this type of protection. In Spain, these are those inventions that consist of giving an object or product a configuration, structure or composition from which some utility or practical advantage is derived and procedures cannot be the object of a utility model.
The Supplementary Protection Certificate (CCP) is a property title that extends the protection conferred by a patent to a pharmaceutical or phytosanitary product that has received a marketing authorization up to a maximum of 5 years. The SPC comes into force when the patent expires.
Ideas are not patentable. Inventions are patentable. The idea is a creative process, the invention is the development of that idea and its implementation, are solutions or technical alternatives.
No, it is not necessary to patent to go to market. It is highly recommended. If is not protected this way, others can also market the same product. On the other hand, it is important before going to market to check if third-party rights may be infringed and that they may paralyze us start-up for the market release of my product.
To patent an idea it has to be:
- new, which has not been disclosed by any means before the date of application,
- inventiveness, which is not obvious to a person skilled in the art; and
- susceptible to industrial application, that its object can be manufactured by any industry, including agriculture
Undoubtedly, the one who knows the most about the invention is the one who has developed it, the inventor. However, a patent is a technical-legal text, whose words are chosen to broaden the scope of protection so that possible subsequent modifications are also adequately covered. In this way, the way of writing the memory of an application would be recommended to be guided and/or advised by an expert in this matter to obtain adequate protection.
A trade secret is any type of information, whether commercial, technical, financial or organisational
(i) is not generally known in its specific configuration by those who usually operate in the sector where it is applied;
(ii) has value, current or potential, derived from its secret nature (that is, it gives a competitive advantage to whoever owns it);
(iii) has been subject to reasonable protection measures (depending on the circumstances of the case) by its owner.
So, if you have any kind of information that allows us to do things better, faster, cheaper, etc. than our competitors, there’s a good chance we’re dealing with a trade secret.
Typical examples of business secrets (provided they meet the requirements that we have stated above) are customer or supplier lists, methods for determining sales prices, investment strategies, R&D&i, etc., algorithms, product compositions , methods to carry out tests or trials, protocols, procedures, algorithms, etc.
Finally, it is worth mentioning that business secrets, according to a recent study carried out by the European Intellectual Property Office (EUIPO)*, is the preferred form of protection of innovations by European companies, being the chosen to protect them in more than 50% of cases, compared to approximately 31% of cases in which patent protection was chosen
The protection of business secrets provides its owner with a particular arsenal of legal actions against those who obtain, use or disclose them illegitimately. However, the owner cannot prevent a third party from developing it independently, or that it can be deduced by reverse engineering from the study of products or services to which it has legitimate access.
The trade secret is not subject to registration or concession by any administrative authority: keeping the information secret is what gives the holder a competitive advantage. Therefore, compared to patents, it has the advantage of not requiring expensive granting and maintenance processes (beyond having reasonable protection measures). Nor is it subject to territorial limits (the secret can be used anywhere of the world) nor subject to time limits (the holder can exploit the advantage for more than 20 years, if the information that the secret consists of remains secret and maintains its economic value).
Blockchain Applied to IP
Blockchain is a technology that is based on a data structure whose information is grouped into sets (blocks) to which is added meta-information related to another block of the previous chain in a timeline. In this way, thanks to cryptographic techniques, the information contained in a block can only be repudiated or edited by modifying all subsequent blocks, which makes this technology especially secure, guaranteeing the immutability, traceability and integrity of the information found in each block or set of blocks.
The Qualified Time Stamp is not a time stamp to use, it is the instrument of the European Union to validate documents created on a certain date and not modified since then. Thus giving legal validity to the transactions. This type of stamp complies with the following requirements established within the European Regulation No 910/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of July 23, 2014 regarding electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.
It is an electronic time stamp with legal backing.
The Advanced Electronic Signature is linked to the signatory in a unique way and to the signed data, so that any subsequent modification of the same is detectable.
With the combination of both, a completely reliable proof is obtained since it combines the exact time in which the evidence is generated and the identity of the signer.
The registration related to the software may be done either by including the source code in a document for registration on the platform, or by including the hash of the executable on the platform.
- The platform meets the requirements of ISO27001
- The data that is transferred from point to point is done in an encrypted way. The information travels encrypted from origin to end and is later stored encrypted.
- Can the information that is stored and guarded in the document manager offered by SAFE EVIDENCE be migrated?
Yes, the information stored in the document manager of the SAFE EVIDENCE platform can be uploaded and stored in the location chosen by the client.
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