8 April, 2014

Trademark & patent

Startup Madeira can assist you in the registration of trademarks and patents so that you can protect the assets of your company. These are two of the different modes or levels of protection provided by the National Institute of Industrial Property (INPI).

The methods or levels of protection of industrial property (IP) rights are defined according to the scope/extent of the protection being sought and according to the contents included in the rights.

The protection can be:

  • more technological in nature, which may be patents, utility models and designs or models;
  • more in the nature of an Identity, which may be trademarks, logos, appellations of origin and geographic indications of source.

Patents

Any invention may be the object of a patent, as it logically implies inventive activity, and as long as it is susceptible to industrial activity or industrial applicability. These inventions may be products or processes in all areas of technology.

The main advantage of a patent to the inventor, who decides to publicise or publish the new product or new technology is the possibility to exploit the invention on an exclusive basis, for a limited period of time.

Duration: 20 years and may be extended for another 5 years in the pharmaceutical field

Fees: annual

Utility models

Utility models are designed to protect inventions through a more streamlined and faster administrative procedure than that for a patent, but it is a weaker protection. In addition to excluding some types of inventions (as is the case of inventions which involve biological matter or substances and chemical or pharmaceutical processes) its effects are shorter in duration. Furthermore, if a court action becomes necessary (for example, to defend the rights), an examination must be requested.

The major advantage for the applicant resides in the fact that the process is less costly and troublesome process than the patent process.

Duration: 6 years and may be extended for two periods of two years each (requested during the final six months of the registration validity period)

Fees: annual

Designs or Models

These allow the protection of the appearance of the whole or a part of a product. The product’s appearance results from its characterising features, in particular, the lines, contours, colours, shape, texture or materials of the product and its ornamentation, wholly or in part. This protection confers on its holder the exclusive right to exploit an object, two-dimensional or three-dimensional, for a limited period of time.

Duration: 25 years, renewed every five years (requested during the final six months of the registration validity period);

Fees: the first five years are included in the application fee.

Trademarks

A trademark may consist of a sign or set of signs, capable of being represented graphically, that can distinguish the goods and/or services of a company from the products and/or services of other companies. The goal of this modality is to avoid the use of the protected sign by third parties without the owner’s consent.

Duration: unlimited, as long as the renewals, which occur every ten years, are requested during the final six months of the registration validity period;

Fees: charged for ten years with the first decade included in the application fee.

Logos

A logo may be a sign or set of signs capable of being represented graphically, which may serve as an identification and to reference any entity that provides a service or commercialises/sells products.

Duration: unlimited, as long as the reweals, which occur every ten years, are requested in the last six months;

Fees: charged for ten years with the first decade included in the application fee.

Designation of Origin

The designation or denomination of origin is understood to be the name of a region, a specific place, or, in exceptional cases, of a country, the purpose of which is to designate or identify a product originating from that region, that specific place or particular country and whose qualities or characteristics are essentially or exclusively due to the geographical location, whether due to natural or human factors, and which are produced, transformed and manufactured in that specific geographical location.

Duration: unlimited, as long as the renewals, which occur every ten years, are requested in the last six months;

Fees: charged for ten years with the first decade included in the application fee.

Geographical indications of source

Geographical indication of source can be defined as being the name of a region, a specific place or, in exceptional cases, a country, used to describe or identify a product originating from that region, from a specific place or even from a country, and whose reputation, specific quality or other characteristics may be attributable to that geographical origin/source, and whose production, processing or preparation occur within the defined geographical area.

Duration: unlimited, as long as the renewals, which occur every ten years, are requested in the last six months of the registration validity period;

Fees: charged for ten years with the first decade included in the application fee.

Startup Madeira can assist you in

  • preliminary research into the relevant state of the art regarding trademarks applications, logos and Designs or Models submissions;
  • claims/requests for trademarks applications, logos and Designs or Models submissions and facilitate the link to official agents of Industrial Property;
  • clarification on the rules of the various modalities of IP (technical requirements, costs, administrative procedures);

Links

Instituto Nacional da Propriedade Industrial >>
UK Intellectual Property Office >>
World Intellectual Property Organization >>
European Patent Office  >>
Esp@cenet Portal >>
Oficina Espanhola de Patentes y Marcas >>
United States Patent and Trademark Office >>
Deutsches Patent - und Markenamt >>
Google - Patents >>
World Intelectual Property Organization International Classifications >>

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