patents & trademarks
PATENT, TRADEMARK & DOMAIN REGISTRATION AND DISPUTES
Spanish Solicitors and Lawyers (Bufete Padilla) specializes in Trademarks, Patents and Web Domains registration and litigation disputes before Spanish Patent and Trademarks Office in Madrid, OAMI-OHIM (Alicante) which covers the whole Europe and WIPO -OMPI (Geneva, Switzerland) which covers and protects worldwide.
Expert lawyers of our law firm will manage, look after and challenge all aspects related to Intellectual Property (IP) and Industrial Property matters.
The World Intellectual Property Organization is the United Nations agency dedicated to the use of intellectual property (patents, copyright, trademarks, designs, etc.) as a means of stimulating innovation and creativity.
Our lawyers challenge through international arbitration system called ADR (Arbitration Administration Centre) for Patents, IP, Trademarks rights if they are violated, including a web domain site, which could be transferred or cancelled if requested and damages claimed.
Legally speaking, a trade mark is a sign which serves to distinguish the goods and services of one organisation from those of another.
Trade marks are words, logos, devices or other distinctive features which can be represented graphically. They can consist of, for example, the shape of goods, their packaging, sounds and smells.
Why register your trade mark?
A trade mark has three essential functions:
1.- it identifies the origin of goods and services
2.- it guarantees consistent quality by showing an organisation's commitment to its users and consumers
3.- it is a form of communication, a basis for publicity and advertising.
A trade mark can become one of the most important assets of a company.
Trade mark registration is one of the strongest ways to defend a brand; a way to ensure that no one else uses it. If you do not register your trade mark, others may do so and acquire your rights to distinguish their goods and services.
Trade marks influence consumer decisions every day. A strong trade mark creates an identity, builds trust, distinguishes you from the competition, and makes communication between seller and buyer simpler. Because so much money and time is often invested in a trade mark, it is worth paying something to protect it from misuse.
What is a good or a service?
In law, a good is any kind of item which may be traded. A service is the provision of activities in accordance with human demands.
What is the difference between a trade mark and other industrial property rights such as patents and designs?
All industrial property rights are intended to protect the creativity of businesses and individuals. However, they do not cover the same aspects.
A trade mark identifies the origin of goods and services of one undertaking so as to differentiate them from those of its competitors.
A design covers the appearance of a product. A design cannot protect the function of a product.
A patent covers the function, operation or construction of an invention. To be patentable, a function must be innovative, have an industrial application and be described in such a way as to permit reproduction of the process.