Trademark and Industrial Design Search: Current Issues and challenges for SMES. Patricia García-Escudero Spanish Patent and Trademark Office

Transcription

1 Trademark and Industrial Design Search: Current Issues and challenges for SMES Patricia García-Escudero Spanish Patent and Trademark Office

2 INTERNET: a powerful tool for SMEs. SPTO web:

3 SPTO WEB-SITE AIMS: To bring Industrial Property nearer to SMEs To be SPTO Official communication tool Friendly vehicle to get to the information and services Industrial Property Information Services Free of charge Tool Box for applicants: downloadable application forms, electronic filing, electronic payment of fees

4 DATABASES ON INTERNET

5 Trade Mark Locator Service This service is designed to enable users to obtain a list of national trademarks, trade names, business signs (if you perform the search in the national trademark localiser), international trademarks that designate Spain (if you perform the search in the international trademark localiser), applied for or registered, according to the following search criteria: containing a certain name or sequence of characters TRADEMARK SEARCH

6 Trade Mark Locator Service The database can be used, therefore: to locate one's own applications or those belonging to other right holders 3 Denomination Options: Contains Consists of Begins with

7 TRADEMARK SEARCH

8 TRADEMARK SEARCH

9 TRADEMARKS SEARCH: Trademarks containing CASERA

10 WHAT DATA DOES THE SEARCH PROVIDE Firstly, the result of your search will be offered in the form of a table that contains a list of the applications or registrations found (up to a maximum of 100), ordered in ascending form by registration category and file number. Refused, cancelled or expired registrations will not be included. For each registration or application presented, the following will be indicated: Registration category (trademark = M; trade name = N; business sign = R; international trademark = H) Application or registration number Denomination that they consist in Type of distinctive (denominative or denominative with a graphic device) Classes of the Nice Classification for which they have been applied for or registered.

11 TRADEMARKS SEARCH: CASERA

12 MORE DATA If you wish to obtain more information about the list of the retrieved applications, "clicking" on more data you will get: Registral holder of the application or registration. Denomination of the application or registration. Type of distinctive sign (Graphic, denominative, mixed). Legal Status (in force or pending, indicating the last relevant action). Publication date in the Official Industrial Property Bulletin Nice classes for which the trademark has been applied for or registered. Reproduction of the trademark graphic, if the case. List of the goods/services, ordered by classes, for which the trademark has been applied for or registered.

13 TRADEMARKS SEARCH: CASERA

14 TRADEMARKS FILE STATUS HOW CAN THE DATA OBTAINED BE EXTENDED If, once performed the search, and examined the basic data on the file, you wish to ascertain all the registration data of the applications or registrations retrieved, you may obtain this information also from the Internet page of this Organism at accesing Databases and File Status

15 TRADEMARKS FILE STATUS

16 TRADEMARKS FILE STATUS

17 Designs Databases

18 Industrial Designs Search

19 Industrial Design: a bottle Applicant: La Casera

20 Applicants search: FAGOR

21 Applicants search: FAGOR Industrial Design: a hair dryer

22 Locarno Designs Classification Database

23 Locarno Designs Classification Database

24 DESIGNS: FILE STATUS

25 DESIGNS: FILE STATUS

26 THE SPTO IS NOW IN A PROCCESS OF SCANNING AND INDEXING THE TRADEMARKS AND DESIGNS ARCHIVES IN ORDER TO MAKE THEM AVAILABLE VIA INTERNET (ONCE THE PATENTS ELECTRONICAL ARCHIVE HAS BEEN COMPLETED)

27 United Kingdom OAMI Switzerland Sweden Netherlands Luxembourg Ireland Germany France Finland Estonia Cyprus Belgium Austria Industrial Design Database Trademark Database Industrial Design Database Trademark Database Not available Free of charge INTERNET COUNTRY