Andorra

Andorra is a small landlocked country in Western Europe, located in the eastern Pyrenees
Mountains and bordered by Spain and France. Once isolated, it is currently a prosperous
country mainly because of tourism and its status as a tax haven. The people of Andorra are
currently listed as having the highest human life expectancy in the world, at an average of 83
years at birth (2008). Andorra is the sixth smallest nation in Europe. Its name is thought to be
derived from that of an ancient Basque tribe, the Andesine that is believed to have inhabited
that region of the Pyrenees thousands of years ago.
Trademark Law

Legal basis is the Trademark Act of May 11th, 1995.
Trademark protection is obtained by registration.

Classification what is Registrable as a Trademark

Registrable as a trademark are all distinctive and graphically representable signs. Also
registrable is the three-dimensional shape of a good and the pantone of a colour. Not
registrable are sound marks nor smell marks.
The following trademark types are registrable: trademarks, service marks and collective
marks.

Proceeding of Trademark Registration

The application is filed at the Trademark Office (OMPA).
Applications can only be filed electronically.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
All applicants need a domestic registration.
The application process includes a formal examination and an examination of distinctiveness.
The examination includes distinctiveness and prior trademarks.
Afterwards, a certificate is issued and the registration is published electronically.
Every 3 months, the OMPA publishes the Gaseta (CD-ROM).

Trademark Duration

A trademark registration is valid for 10 years from the date of application.
The registration is renewable for periods of 10 years.

Grace Period for Trademark Renewal

The grace period for renewals is 6 months after the due date.



Austria


Trademark Law

Legal basis is the Trademark Act of 1970 (last amended 2013).
Austria is a member of the Paris Union Agreement, the Madrid Agreement, the Madrid
Protocol, the Nice Agreement and the European Union.
Trademark protection is obtained by registration. An unregistered trademark can only be held
against a registered trade mark if it has become well-known at the priority date of the
registered trademark.

What is Registrable as a Trademark?

Registrable as a trademark are any signs capable of being represented graphically,
particularly words, including personal names, designs, letters, numerals, sounds, scents, the
shape and colour of goods or of their packaging, provided that such signs are capable of
distinguishing goods or services of one undertaking from those of other undertakings. Three-
dimensional forms are registrable only, if they do not consist of the form or design of goods
or their regular kind of packaging, registration is difficult. There do not exist any olfactory
marks in Austria so far. The Austrian law does not differentiate between trademarks and
service marks. Special rules apply to collective trademarks.

Proceeding of Trademark Registration

The application is filed at the Patent Office.
Multiple-class applications are possible.
Non-EU applicants need a local agent.
Power of attorney needs not to be presented but just referred to.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and an examination on absolute
grounds of refusal. Signs not considered distinctive in the examination can be only registered
upon proof of acquired distinctiveness. The Patent Office also conducts a search for identical
and similar trademarks, but does not cite officially older rights as bar to the registration. The
search results, however, may serve for the information of the applicant. Owners of prior
trademarks are not informed. If the trade mark applicant insists, the trademark must be
registered in spite of similar or even identical prior trademarks.
The application procedure from first filing to registration will take approximately 3 to 4
months if no serious problems are raised by the examiner. The first office action is to be
expected after 3 to 4 weeks. Only after registration, the trademark is published in the monthly
journal sterreichischer Markenanzeiger.

Trademark Duration

Trade mark protection begins with the date of registration, ranking retroactively, however, as
of the priority date. The protection period is 10 years from the registration date and ends on
the last day of that month in which the protection period ends. The registration is renewable
for periods of 10 years without limitation.



Grace Period for Trademark Renewal
Renewal may be sought from six months prior to expiry till the end of the sixth month
thereafter, the later against an extra fee.



Azerbaijan (AZ)

Trademark Law

Legal basis is the Trademark Act, in force since June 12th, 1998 and amended on April 03,
2009 which in force since May 17, 2009.
Azerbaijan is a member of the Madrid Agreement and Madrid Protocol.
Trademark protection is obtained by registration.
Trademarks which were protected in the former Soviet Union are protected in Azerbaijan
only, if they were transcribed until December 31st, 1995.

What is Registrable as a Trademark?

Registrable as a trademark are all distinctive and graphically representable signs, such as
words, names, acronyms, letters, numbers, devices, combinations or shades of colours, three-
dimensional marks and any combination of the mentioned signs.
The following trademark types are registrable: trademarks, service marks and collective
marks.

Proceeding of Trademark Registration

The application is filed at the Patent Office.
Multiple-class applications are possible.
Foreign applicants need a local agent. Only licenced patent attorneys are authorized to act on
behalf of the foreign applicant before state agencies on trademark issues.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and
a search for prior trademarks. Furthermore, an examination of the national market is
conducted for similar or identical well-known trademarks used for similar or identical goods
or services. Under the Trademark Law, the registered well-known trademarks gain unlimited
protection. However, as a matter of practice, existing well-known trademarks in use may
serve as grounds for rejection of a trademark registration.
After registration, the trademark is published in the Patent Office Gazette.

Trademark Duration

A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.


Grace Period for Trademark Renewal
The grace period is 6 months from the expiration date of the trademark.
Australia (AU)

Trademark Law

Legal basis is the Trade Marks Act 1995, in force since January 1st, 1996.
Australian trademarks are also protected on the Christmas Island, the Cocos (Keeling) Islands
and Norfolk Islands (NF).
Trademark protection is obtained by registration. Non registered trademarks can also be
enforced under the Competition and Consumer Act 2010 if they have sufficient public
recognition.
Australia is a member of the Madrid Protocol.
The Trade Marks Act 1995 is based on the principles of "common law, i.e. official and
juridical decisions are rendered on the basis of prior decisions and judgements on similar
cases comparing all facts and merits of a case and taking into consideration all different
common grounds. The proof of infringement, however, is easier than in other common law
states.

What is Registrable as a Trademark?

Registrable as a trademark are all distinctive and graphically representable signs, such as
words, names, acronyms, letters, numbers, devices, emblems, colours, combinations or
shades of colours, three-dimensional forms, the three-dimensional form of a good or its
packaging, sound marks and smell marks and any combination of the mentioned signs.
The following trademark types are registrable: trademarks, service marks, collective marks
and certification marks.

Proceeding of Trademark Registration

The application is filed at the Australian Government Agency responsible for administering
patents, trademarks, designs and plant breeders rights (IP Australia).
Multiple-class applications are possible. However, additional fees are payable if an
application is to cover more than one class.
Foreign applicants do not need a local agent. An address for service in Australia is sufficient.
A power of attorney is not necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and
a search for prior trademarks. Signs not deemed distinctive in the examination can be
registered if distinctiveness has been acquired by use.
The processing time from first filing to registration is approx. 8 to 24 months. The first office
action is taken after approx. 3 months. An expedited examination is possible.
If accepted for registration, the trademark application is published in the Australian Official
Journal of Trademarks. Full details of the application are normally available online from the
Trade Marks Office database within 2 or 3 days of filing. If no opposition is filed, the
trademark will be registered against payment of registration fees.

Trademark Duration

A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.

Grace Period for Trademark Renewal

The grace period is 6 months from the expiration date of the trademark.




Bosnia and Herzegovina (BA)

Trademark Law

Legal basis is the new Trademark Law (in force since January 1st, 2011).
Bosnia and Herzegovina is a member of the Madrid Protocol. The membership of the Madrid
Agreement became effective on January 27, 2009.
Trademark protection is obtained by Trademark registration.
Trademarks which were protected in former Yugoslavia are protected in Bosnia and
Herzegovina only, if they have been transcribed until March 1, 2002.

What is Registrable as a Trademark?

Registrable as a trademark are all distinctive and graphically representable signs, such as
words, names, acronyms, letters, numbers, devices, combinations or shades of colours, three-
dimensional forms, the three-dimensional form of a good or its packaging and any
combination of the mentioned signs.
The following trademark types are registrable: trademarks, service marks, collective marks
and guarantee marks.

Proceeding of Trademark Registration

The application is filed at the Institute of Intellectual Property Rights of Bosnia and
Herzegovina. The Offices are in Sarajevo, Mostar and Banja Luka).
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and an examination as to absolute
grounds. The processing time from first filing to registration or first office action is approx. 1
to 2 years.
After the examination on absolute grounds, the trademark is published in the official Gazette
for opposition. Registration is the final step that comes after the opposition period has
expired.

Trademark Duration

A trademark registration is valid for 10 years from the date of application. The registration is
renewable for periods of 10 years.

Grace Period for Trademark Renewal

The grace period for renewals is 6 months from the expiration date of the trademark.
Bahrain (BH)


Trademark Law

Trademark Protection in Bahrain is governed by Law No. 11 of 2006, issued on May 31,
2006.
Ministerial Decision No. 40 of 2005 raising the Official Trademark Fees in Bahrain was
issued on December 26th, 2005, was published in the Official Gazette No 2720 on January
4th, 2006, and became effective on the same date.
Trademark protection is obtained by registration. However, a trademark application can be
opposed successfully upon producing sufficient proof of prior use of the mark in Bahrain and
elsewhere in the world.
Also, well-known trademarks enjoy protection under the provisions of the Paris Convention
even if they are not registered in Bahrain.

What is Registrable as a Trademark?

Registrable as a trademark are all distinctive and graphically representable signs, such as
words, names, acronyms, letters, numbers, devices, holograms, colours, combinations or
shades of colours, three-dimensional forms, the three-dimensional form of a good or its
packaging and any combination of the mentioned signs. Protection under the new law has
been expanded to include registration of sounds, smells, and shapes of goods, packaging,
colour, combination and photographic elements.
The following trademark types are registrable trademarks, service marks, collective marks,
certification marks, trade names and titles of establishment.

Proceeding of Trademark Registration

The application is filed at the Industrial Property Office.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A legalized power of attorney is required.
Foreign applicants do not need a domestic registration.
In absence of a home registration, registration in any other countries or certified copy of the
extract from the Commercial Register of the applicant is sufficient. Otherwise a certified
copy of certificate of home or any foreign application or registration is needed.
The application process includes a formal examination, an examination of distinctiveness and
a search for prior trademarks. Signs not deemed distinctive in the examination can be
registered if distinctiveness has been acquired by use or if there is a registration in any
country following a substantial examination system.
The processing time from first filing to registration is approx. 14 to 18 months.
Prior to registration, the trademark application is published in the official gazette.

Trademark Duration

A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years. The renewal fees should be paid within
the last year of the protection.

Grace Period for Trademark Renewal

The grace period is 6 months from the expiration date of the trademark.



Bulgaria (BG)


Trademark Law
Legal basis is the Law on Marks and Geographical Indications (LMGI) of September 14th,
1999 (in force since December 15th, 1999, last amendments of March 9th, 2010).
Bulgaria is a member of the Madrid Agreement and the Madrid Protocol and the European
Community.
Trademark protection is obtained by registration on the first-to-file principle.

What is Registrable as a Trademark?

Registrable as a trademark is a sign which is distinctive and could be graphically represented
such as words, including names of persons, letters, numbers, drawings, figures, and the shape
of the goods or of their packaging, combination of colours, sound signs or any combination
of the signs. Holograms cannot be registered as it is considered that their representation is not
constant.
The following trademark types are registrable: trademarks, service marks, collective marks
and certification marks.


Proceeding of Trademark Registration

The application is filed at the Bulgarian Patent Office.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is acceptable in case of reciprocity, highly recommended
is the special form available at the Patent Office.
Foreign applicants do not need a domestic registration.
The registration process includes:
1. A formal examination, 2. Examination on the absolute grounds for trademarks filed
under the national procedure, it will be conducted within three months after the formal
examination; for international trademarks within three months after the publication in the
Official Bulletin issued by the Bulgarian Patent Office, 3. Publication of the application for
opposition purposes, In case an opposition is filed - opposition procedure and issuance of a
decision to uphold or reject the opposition, and consequently, to register or refuse the
trademark, or 3.2. In case no opposition is filed - registration of the trademark without any
further examination on relative grounds.
Signs not deemed distinctive in the examination can be registered if the applicant can prove
that distinctiveness has been acquired by use.




Trademark Duration

A trademark registration is valid for 10 years from date of application. The registration is
renewable for periods of 10 years.

Grace Period for Trademark Renewal

The grace period for renewals is 6 months from the expiration date of the trademark.



Belarus (BY)


Trademark Law

Legal basis is the Trademark Act of February 5th, 1993. The latest amendments were passed
on July 09, 2012, effective from January 15, 2013.
Belarus is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration.

What is Registrable as a Trademark?

Registrable as a trademark are all distinctive and graphically representable signs, such as
words, names, letters, numbers, devices, combinations or shades of colours, three-
dimensional forms, the three-dimensional form of a good or its packaging and any
combination of the mentioned signs.
The following trademark types are registrable: trademarks, service marks, collective marks.

Proceeding of Trademark Registration

The application is filed at the Patent Office (National Canter of Intellectual Property).
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient provided that it is either signed by a CEO of
the company or the authorities to sign a power of attorney are confirmed by a notary.
Foreign applicants do not need a domestic registration.

The application process includes a formal examination, an examination of distinctiveness and
a search for prior trademarks. Signs not deemed distinctive in the examination can be
registered if distinctiveness has been acquired by use.
The processing time from first filing to registration or first office action is approx. 3 years.
An accelerated registration is possible against payment of additional fees (approx. 8 months).
After registration, the trademark is published in the official gazette Trade Marks. Service
Marks. Appellations of origin.

Trademark Duration

A trademark registration is valid for 10 years from date of application. The registration is
renewable for periods of 10 years.

Grace Period for Trademark Renewal

The grace period for renewals is 6 months starting from the expiration date of the trademark.



Belize (BZ)


Trademark Law

Legal basis is the Trade Marks Act, Cap. 257, in force since 2000.
Is not a member of the Madrid Agreement, the Madrid Protocol and the European Union.
Trademark protection is obtained by registration.

What is Registrable as a Trademark?

Registrable as a trademark are all distinctive and graphically representable signs, such as
words, names, acronyms, letters, numbers, devices, colours, colour combinations, the three-
dimensional form of a good or its packaging as well as sound and smell marks and any
combination of the mentioned signs.
The following trademark types are registrable: trademarks, service marks, collective marks
and certification marks.


Proceeding of Trademark Registration

The application is filed at the Belize Intellectual Property Office (BELIPO).
Multi-class applications are possible; however, there is a maximum of five classes allowed
per application. A single application can include goods in up to five classes, with additional
charges for each additional class.
Foreign applicants need a local agent.
A power of attorney must be signed no witnessing, notarization, or legalization is required.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and
a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been
acquired by use.
Trademark applications accepted by the Registrar are published three times in the official
gazette prior to registration.
The approximate time frame for completing the registration process of a trademark in Belize
is typically within six months if there are no official actions or oppositions.

Trademark Duration

Protection begins with the date of application. A trademark registration is valid for 10 years
from date of application. The registration is renewable for periods of ten years.

Grace Period for Trademark Renewal

The grace period for renewals is six months starting from the expiration of the mark.



Brazil (BR)

Trademark Law
Legal basis is the new Industrial Property Law, in force since May 15th, 1997. Although
Brazil is part of the Paris Convention and the TRIPS agreement, it is not part of the Madrid
system.
Trademark protection is obtained by registration. Very limited rights derive from earlier use
in commerce and special protection is afforded to well-known marks.

What is Registrable as a Trademark?

Registrable as a trademark are all distinctive and graphically representable signs, such as
words, names, acronyms, letters, numbers, devices, combination of colours, three-
dimensional forms and any combination of the mentioned signs.
The following trademark types are registrable: trademarks, service marks, collective marks
and certification marks. They can be presented as word, figurative, combined (word +
figure/logo) and three dimensional marks.

Proceeding of Trademark Registration

The application if filed at the Brazilian Patent and Trademark Office (BPTO).
A separate application has to be filed for each class.
Foreign applicants need a local agent or lawyer.
A simply signed power of attorney suffices for all trademark filings in the name of the same
owner. The local representative must be authorized to state that applicant is engaged in the
field of commerce or industry related to the products or services claimed in the application.
Foreign applicants do not need a domestic registration or domestic company incorporation.
The application process includes a formal examination, an examination of distinctiveness and
a search for prior trademarks. The processing time from first filing to registration is approx. 3
years.
Prior to registration, the trademark application is published approx. 4 months after the
application date in the weekly gazette Revista da Propriedade Industrial (RPI).

Trademark Duration

A trademark registration is valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years.

Grace Period for Trademark Renewal

The grace period for renewals is 6 months from the expiration date of the mark. There is no
notification of this grace period by the Official Authority of Registration.