How to file your new trade marks - the new Madrid
The Madrid System is an international filing system for trade
marks, allowing one trade mark application to be filed, with one
set of application1 fees, designating numerous countries
around the world. It is a great opportunity for businesses to file
trade marks internationally efficiently and cost effectively.
To avoid the traps incumbent with international applications,
particularly around different regulations and market requirements,
you will need expert IP2 help.
We are also expecting increased international branding activity
in New Zealand, as overseas businesses utilise the Madrid System to
protect their marks here. Branding rights in New Zealand are likely
to become more crowded and competitive.
Now is a good time to review your trade mark portfolio, both
within New Zealand and globally. James & Wells specialises in
assisting businesses strategise, protect and enforce trade mark
rights nationally and internationally. We have hands on experience
with the Madrid System, having helped our Australian clients
protect their marks under this system for a number of years. We are
fully conversant with the Madrid System and will hit the ground
running for you.
1In most jurisdictions patent applications are
subjected to an examination process to determine whether
the subject matter is novel and inventive. The
terms "application", "pending" or "patent
application" are used to describe the status of the
application up to grant.
2Refers to the ownership of an intangible
thing - the innovative idea behind a new technology, product,
process, design or plant variety, and other intangibles such as
trade secrets, goodwill and reputation, and trade marks. Although
intangible, the law recognises intellectual property as a form of
property which can be sold, licensed, damaged or
trespassed upon. Intellectual property encompasses
patents, designs, trade marks and copyright.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
James & Wells Intellectual Property, three time winner
of the New Zealand Intellectual Property Laws Award and first IP
firm in the world to achieve CEMARS® certification.
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The term "well-known trade mark" has been defined in the Trade Marks Act, 1999 and refers to a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first mentioned goods or services.
Australia's highest court confirmed that patents are available for the broad grounds of methods of medical treatment.
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