Trademarks

A trademark is a sign capable of distinguishing the goods or services produced or provided by one enterprise from those of other enterprises.

Through the registration of a TM, the owner is entitled to prevent unauthorized third parties to market identical or similar products under the same TM or using a similar sign that might lead consumers to confusion on the origin of the goods.

We are able to manage the whole registration procedure of your trademarks in Spain, the European Union (Community TM) and Member States of the Madrid System (International TM) and, after their grant, we offer a watch service to detect new applications that could cause risk of confusion with the TM owned by your company and to inform you well in advance of the registrations that should be renewed. Furthermore, we take over applications filed by others and submit arguments in defence of their registration, as well as marks already registered which we include in our watch service above-mentioned.

• In particular, our services cover the following:

- Non-binding search: before filing a TM application, it is advisable to check whether the sign could be rejected on "absolute grounds" (i.e. descriptive sign) or on "relative grounds" (conflict with prior TM rights). Thanks to this search, you will be able to assess the chances for an application to be finally registered, avoiding unnecessary expenses.

- Application: we file the documentation required by the corresponding IP Office and keep you duly informed on every stage of the registration procedure. We are able to act both at administrative and judicial level to get the registration of your trademark.

- Registration: once the TM is granted, we forward its certificate and keep our clients duly informed on the publication of identical or similar TM applications so that a notice of opposition can be filed against them. Likewise, we manage the entry into the registry of any change related to your TM (licensee, assignments, change of owner''s name, etc).

- Renewal: we inform our clients on the registrations that should be renewed and undertake all the necessary steps to file the renewal in due time. In addition, we help our clients to decide whether or not to renew their TM.

- Defence of the distinctive character of your TM, acting against those who are using it without your authorization.

MAPA TRADEMARKS provides personal advice, taking into account the strategic planning of each company and their targeted markets. Our aim is that the investments made by our clients on marketing their products do not become useless because someone has copied the sign that identifies them in the market.

• Our services cover the following territorial scope:

1. Out of Spain: we advise our clients to choose the most accurate tool to protect their interests, depending on the countries where they want to market their products.
2. Community TM gives protection in all the Member States of the European Union (currently 28, once Croatia joined the EU on 1st July 2013). This system implies lower costs and less time to get the registration in the whole EU.
3. International TM: the owner of an application (Protocol) or registration (Agreement) can get protection in the Member States of the so called Madrid System. Thanks to this system, it is possible not only to simplify the registration procedure, but also to save money.
4. Filing a national application in each country through our network of agents.