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Vous êtes ici : Gevers › Trademark › Definition of Trademark › Territory: Three Parallel Systems
U bent hier: Gevers › Trademark › Definition of Trademark › Territory: Three Parallel Systems

Territory: Three Parallel Systems

Trademarks are bound by the borders of the chosen jurisdiction (specific country or region). Selection depends on where you consider extending your activities and where you wish to obtain protection in order to export your products or services without problem and to challenge potential counterfeiting. It is advisable to plan the “where, what and when” of your activities for the coming five years in order to avoid having to make new applications for additional goods or countries.

National and Benelux System

Each Benelux registration covers Belgium, The Netherlands and Luxembourg. The criteria are the same as for a Community registration and can also provide the basis for International registration. While national systems differ in each country, the main principles remain the same. The ability to file a national application is especially important for countries which are not members of the Madrid System or the European Union.

The GEVERS' way: We assist you to efficiently register your trademark at European, International or National levels. Thanks to our experience of more than a century and to our extensive and proficient knowledge of the different trademark legislations, we will always suggest the best way in which to obtain trademark protection in other countries.

Community trademark System

The Community Trade Mark (CTM) came into being in 1996 and is administered by the OHIM (Office for Harmonization in the Internal Market), based in Alicante (Spain) Since April 1 of that year. The CTM makes it possible for one single application to be filed in order to obtain protection in all 27 member states of the European Union. Thus, one CTM registration is valid for about 500 million consumers and is undivided. The CTM system exists parallel to EU member states’ own national systems, the basic principles of which have been harmonized.

International System (Madrid system)

This system is based on two international conventions, the Madrid Agreement (1891) as amended and the Madrid Protocol (1989), both managed by WIPO (the World Intellectual Property Organization) in Geneva. To date, the System has more than 80 member states. (Click here to download the document “The Madrid System: list of Agreement and Protocol’s countries”) The Madrid System makes it possible to obtain trademark protection by introducing one single application, in part of, or in all, signatory states. However, each designated jurisdiction is governed by that country’s national rules. It has been (cleverly) said: “A Madrid system registration is like a basket of national rights, but with the benefit of one central administrative office.”

The GEVERS' way: Together we will analyze the distinctive symbols of your creations which could be considered as a trademark – a name, a logo, the shape of your product or a combination of those elements.

 

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