Trademark

DEFINITION

A trademark may consist of any sign capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other competitors.
Registering your trademark gives you the exclusive right to use the trademark for certain goods (products) and services within a relevant territory for a specific period of time. For example, the Community trademark gives its proprietor a uniform right applicable in all Member States of the European Union. The Community trademark is obtained by registration in the Register kept by the Harmonization Office. It is valid for a period of 10 years and may be renewed indefinitely.

IMPACT ON e-BUSINESS

When developing, running and promoting your web sites, you must be aware of trademark implications of the content you generate, the URLs and domain name you choose and the meta tags you use. The unauthorized use of a mark on a web site, either in text or in images, may give rise to an action for infringement.
With the rise of the Internet as an important medium for generating sales and advertising revenue, cyber pirates and counterfeiters misused protected trademarks in new inventive ways (a.o. via auction platforms, commercial hyperlinks or metatags).

HOW TO REGISTER A TRADEMARK

To register a trademark in Europe, the easiest way is to register it at the OHIM, the European agency for registration of trade marks and designs in the 27 Member States. The OHIM website provides for an e-filing system for on-line trademark application. The application costs EUR 750 (on-line; 900 on paper) and covers up to 3 classes of products or services. If you want to know which class or classes your product or service falls into, consult the EUROACE classification. Each addtional class engenders additional costs. If you want to file an international application, you go to WIPO trademark section where you can also find guidelines to the international registration of marks.