Legal basis is the Trademark and Other Distinctive Signs Law of February 1st, 2000, as amended.Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.The right to register a mark belongs to the earliest bonafide user of the mark or to whoever first files the application if there is no prior use.
Trademark registration classification:
- Name, domicile and place of incorporation of the applicant.
- A power of attorney duly notarized according to the laws of the place of execution is required (consular legalization is not necessary).
- List of goods or services to be protected (latest Nice Classification).
- If priority is claimed, a certified copy of the home application or certificate of registration (no apostille or consular legalization required).
- The application is filed at the Trademark Section of the Industrial Property Registrar.
- Once all formal requirements are met, the Trademark Office will examine the application for conflicts based on third party rights and absolute grounds for refusal.
- If the application is deemed acceptable, it will be published for opposition in the official Gazette for two months. If the publication term passes, the Trademark Office will issue the registration certificate.
- The processing time from first filing to registration is approx. 5-6 months.
Duration and Renewal: Protection begins with the date of registration. Provisional protection begins with the date of application, but it can only be asserted after registration. A trademark registration is valid for 10 years. It is renewable for further periods of 10 years.