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Trademarks

Distinguishing yourself in the marketplace

The Trademark: the link between your products and your business organization

Trademarks are distinctive signs and protected intellectual property rights. They are one of the most important assets of a companv as the allow it to differentiate its products or services from those of others, as well as to condense and project the value of its products and services to the market and among consumers.

Ownership of a trademark, normally obtained through registration, grants the exclusive right to prohibit third parties from using identical or similar sians to distinquish identical or similar goods and services. In certain cases, due to its extensive use over time, a trademark can achieve a well-known character and/or reputation. In these cases, it can be granted enhanced protection that may go beyond the mere likelihood of confusion and be protected against other signs used in relation to goods and/or services that are not so similar.

In the European Union (EU), two kind of trademarks coexist: the European Union Trademark a unitarv right valid in all EU countries and administered bv the European Intellectual Property Office (EUIPO) with headquarters in Alicante (Spain) and the national trademarks of all EU countries, valid and protected in the corresponding national territory. In Spain, the public body in charge of the administration of the Spanish trademark is the Spanish Patent and Trademark Office (OEPM).

Likewise it should be noted that the EU, as a regional and supranational organization, and the different EU countries are members of the Madrid International Trademark System. administered by the World Intellectual Property Office (WIPO). Said membership allows EU companies and citizens to use this centralized registration system to obtain the correspondina trademark rights in all countries that have also ratified one of the instruments of accession to said International Trademark system At the same time it allows third countries brandowners to use the International Trademark svstem in their countries of origin to have their trademarks protected in the EU.

We register and defend your Trademark

At YUNIKA LAW we offer a wide range of services related to trademarks, at national, European and international level, including prior searches and investigation on their registration feasibility and their prosecution and registration before the Trademark Offices all over the world.

Contracts

We are specialist in trademarks and intellectual property related contracts in general and advise clients worldwide on licensing and distribution matters.

Processing & Administrative defense

We handle the prosecution and defense of our clients' trademarks in administrative proceedings, in the event of rejections for absolute grounds, oppositions and invalidity action, as well as in the corresponding appeals.

Legal defense

We handle the judicial defense of trademarks, intervening in proceedings before all competent Courts and Tribunals and of every order and jurisdiction, including the General Court (GC) and the Court of Justice of the European Union (CJUE). We also intervene in arbitration and mediation proceedings, both nationally and internationally.

Our Trademark Experts

Our lawyers, Spanish and EU trademark attorneys are recognised specialists in trademark law. They are present in the the most important international rankings and have extensive experience in different areas and industry sectors, including  e-commerce, audiovisual and technology, fashion, sports, energy, beverages sectors and the entertainment industry in general.

Contact

We are fully prepared to answer your questions and attend to your legal needs. We can help you.