A trademark is a sign that distinguishes a company's goods or services, from the goods and services provided by other companies. There are 3 types of trademarks, namely:

• Nominative: when constituted by letter(s) or word(s)
• Figurative: consisting of figures or images and
• Mixed: when it includes a combination of figures and words or letters in its constitution.

The registered trademark confers to the owner, the right to prevent third parties that do not have their consent from using in the course of trade any sign which is identical or similar to the trademark in relation to goods and/or services which are identical or similar to those for which the trademark is registered.

A trademark may consist of one or more words, with or without conceptual content, drawings, commercial symbols, monograms, engravings, prints, seals, images, stripes, color combinations, letter and number combinations, the special graphics of letters and numbers, advertisement phrases, reliefs, and any other sign with distinctive capacity.

A trademark is normally protected by means of its registration. However, de facto trademarks, that is those that are used but not registered, are also protected in a more limited way.

Trademarks in Australia are protectable on a first-to-use or register-based system. Both registered and unregistered marks may be protected. A registered trademark is a sign used to distinguish the goods and services of one trader from those of another.

A sign may be a word, phrase, letter, number, color or combination of colors, sound, smell, shape, logo, picture, movement, aspect of packaging or a combination of these.

Trademarks can be any sign that can be represented graphically, in particular words, including personal names, designs, letters, numerals and the shape or style of the goods, provided that such signs are capable of distinguishing the goods or services of one enterprise from those of other enterprises. Three-dimensional marks, color marks and sound marks are also protectable, if sufficiently graphically displayable/displayed. Furthermore, also motion marks and multimedia marks are protectable, if they can be played back through a corresponding video file; in that case the video file is published in the Trademark Register. Haptic or olfactory marks and national emblems are not protectable as trademarks in Austria.

A registered trademark provides its owner with an exclusive right to prevent any 3rd party, without its consent, from:

• Using in business a sign that is identical to the trademark for goods or services that are identical to those for which the trademark is registered
• Using in business a sign that is identical or similar to the trademark and, because the goods or services covered by the trademark and the sign are identical or similar, there is a risk of confusion in the mind of the public due to the association between the sign and the trademark
• Using in business a sign that is identical or similar to the trademark for goods or services which are not similar to those for which the trademark is registered, where the trademark enjoys a reputation in the Benelux territory and where use of the sign without due cause would take unfair advantage of or be detrimental to the distinctive character or the reputation associated with the owner of the trademark
• Using a sign for purposes other than those of distinguishing the goods or services, where use of the sign without due cause would take unfair advantage of or be detrimental to the distinctive character or the reputation of the owner of the trademark

Any signs (such as, but not limited to, names, designs, imprints, stamps, letters, numerals, shapes of goods or their packaging, colors and slogans) that are able to be represented graphically and used to distinguish the goods or services of a company are eligible to be registered as individual trademarks. However, signs solely comprising a shape that is imposed by the very nature of a product, which gives the product substantial value or which is necessary for obtaining a technical result may not be registered as trademarks.

In order to be registered, the sign must have a sufficient "distinctive character." Such distinctive quality is not a constant but a variable. This means that a rather weak trademark at the time of registration may become a strong trademark through intensive advertising and surveillance, or, conversely and failing sufficient advertising and surveillance, that a strong trademark may become a weak trademark with a smaller scope of protection or even become the normal commercial description of a product or service for which it is registered as a result of the activity or inactivity of its owner, in which case the trademark shall be declared as lapsed.

Distinctive signals that are visually perceptible and not otherwise included within the legal prohibitions are registerable as trademarks.

INPI has issued a Regulation, Portaria/INPI/PR nº 37, regarding “position trademarks”, which are considered a "non-traditional trademark", as they consist of the specific manner in which the mark is placed or affixed on the product.

A trademark is a sign or combination of signs that is used by a person or organization for the purpose of distinguishing their goods or services from those of others. Trademark protection has traditionally been provided to any words, phrases, symbols or designs used to distinguish the goods or services of a person or organization from those of others. In Canada, protection is also afforded to tastes, textures, moving images, mode of packaging, holograms, sounds, scents, 3-dimensional shapes, colors or any combination of these used for the purpose of distinguishing the goods or services of a person or organization from those of others.

Trademarks are signs that serve to distinguish products or services in the market.

Such signs may consist of words (including personal names), letters, numbers, figurative elements such as images, graphics, symbols, combinations of colors, sounds, scents or 3-dimensional shapes as well as any combination of these signs. When the signs are not intrinsically distinctive, registration may be granted if they have become distinctive through their use in the Chilean market, known as secondary meaning.

Slogans may also be registered, provided that they are linked to a registered trademark for the goods or service for which they are to be used. The law expressly excludes certain signs that cannot be registered as trademark (eg, generic, descriptive or indicative signs, flags or insignias of countries or international organizations; the shape or color of the goods or packaging, or the color itself; or signs which are contrary to public order, morality or decency).

The holder of the mark has the exclusive right to use it in the course of its business to distinguish the goods or services covered by the registration, and therefore may also exclude any 3rd party from using identical or similar marks for goods or services without their consent.

The owner may, however, not prevent 3rd parties from using the trademark with respect to products legitimately commercialized in any country under that trademark whether by the holder or with their express consent. Furthermore, the holder of a trademark may not prevent 3rd parties from using their name or pseudonym or the name of their predecessor in business, or the use of geographical terms or indications concerning the kind, quality, variety, origin, nationality, provenance, intended use, weight, value, texture, characteristics or other descriptive terms contained in the trademark of the holder, if they are intended to designate or inform precisely about the geographical origin, kind, quality, variety, origin, nationality, source, intended use, weight, value, characteristics or other descriptive characteristics of a good or service, unless the use of these names, pseudonyms or indications are used in a way that may mislead or confuse consumers.

Law 19.039 on Industrial Property also recognizes so-called collective marks, which consist of signs or combinations of signs which are capable of distinguishing in the market the goods or services of the members of an association from the goods or services of 3rd parties, as well as certification marks defined as signs or any combination of signs which are capable of distinguishing in the market the products or services of 3rd parties, and guaranteeing that they meet common requirements and characteristics. Applications for collective or certification marks must be accompanied by regulations for use that must comply with certain requirements.

After registration, any mark used in commerce must visibly display the words "Marca Registrada" or the initials "M.R." or the letter "R" within a circle. The omission of this does not affect the validity of the registered trademark but does deprive the holder from enforcing criminal actions.

A trademark is defined as "any sign that distinguishes the goods of a natural person, legal person, or other organization from those of others, including any word, device, letter, number, three-dimensional sign, and color combination, sound, or the combination thereof." China uses the "first to file" system. In general, only a registered trademark enjoys protection under the Trademark Law. An unregistered trademark with prior use is protected in very limited situations.

As per Decision 486 of 2000, a trademark is any sign that identifies goods or services on the market. In this regard, signs that may be represented on graphics might be registered as trademarks, as well as words, images, letters, numbers, combinations of colors or any combination of the signs.

In order to register the trademark, the applicant must:

• File the request

• Replicate the trademark or provide the graphic of the same (eg, through a pentagram)

• Pay the corresponding fees

• If applicable, submit the certificate of registration in other countries and
• Fulfill the procedure established by the Superintendency of Industry and Trade.

The applicant should not demonstrate prior use of the trademark in Colombia or elsewhere.

Ways to lose the right over the trademark

• Cancelation of registration: The national office will cancel registration when the trademark has not been used by at least one of the authorized officers or by the owner during the 3 years following the registration. Nonetheless, the owner has the possibility to prove a force majeure or an unforeseen circumstance that explains the lack of use of the trademark. Moreover, the registration will be canceled when the trademark identifies more than one good or service.

  Waiver of registration: The owner has the option to waive the registry of its trademark. This right may be exercised at any time and may apply to the entire registry or to part of it as a single good or service represented.
• Invalidity of registration: The national office shall invalidate the registration when: 
  • It has been granted without the essential requirements
  • The sign does not fulfil the necessary conditions and
  • When it has been registered without considering a third-party's interest.
• Expiration of registry: Registry of a trademark expires when the owner does not file the request for renewal or does not pay the corresponding fees on time.

Types of trademarks

• Regular trademarks: As mentioned above and according to Decision 486 of the CAN, this trademark applies to any sign that identifies goods or services on the market. In this regard, signs that may be represented on graphics might be registered as trademarks, as well as words, images, staffs, letters, numbers, combinations of colors or any combination of the signs. The regular trademarks are regulated as mentioned above.
• Collective trademarks: According to Decision 486 of the CAN, a collective trademark is: "(…) any sign that serves to distinguish the origin or any other common characteristic of goods or services from different firms that use the sign under the owner's control." Legally established associations may register collective marks to distinguish on the market the goods and services of its members. The collective trademarks may be transferred or licensed in accordance with the rules established for these purposes by the association. In any other matter, the regulation for regular trademarks shall apply to collective trademarks.
• Certification marks: As per Decision 486 of 2000, a certificate mark is a "sign intended to be applied to goods or services” whose “quality or other features have been certified by the trademark owner." The registration of the certification mark shall include the code of use. For this reason, the Superintendency of Industry and Trade must be informed of any changes to the rules for its usage. Such changes will be enforceable against third parties once the owner registers them on the corresponding registry. Certification marks may be transferred or licensed only in accordance with the rules established in the code of use.
• Geographical indications: A geographical indication may grant different rights depending on its type: appellation of origin (denominación de origen) or an indication of source (indicación de procedencia).

Decision 486 of 2000 states that appellation of origin is a geographical indication that consists of a name of a country, region or place used to indicate the origin of a product and the quality, reputation or characteristics that are exclusively or essentially given by the geographical environment where it is produced. Indication of source refers to a name, expression, image, or sign that evokes a specific country, region or place.

The protection of an appellation of origin is available for those products that comply with the conditions dictated by law. The usage of an appellation of origin by an unauthorized person, which may lead to confusion, is considered a breach of an intellectual property right and is subject to sanctions.

Any person may include their own name and domicile in products that are commercialized, even if they come from a different country, if there is an indication of the country or place where the product was manufactured or produced, or the product's origin is made known in such way that there is a low likelihood of confusion.

The request must come from a person that has a legitimate interest, which means that the person is involved in the extraction, production and/or products covered by the appellation of origin.

Trademark may consist of any sign, including personal names, colors, designs, letters, numerals, the shape of goods or their packaging, gestures and musical trademarks, among others, provided that such sign is capable of distinguishing goods or services from other goods or services.

Trademarks may consist of all signs, in particular words, including personal names, figurative elements, letters, numbers, colors, patterns, shape of the goods or the shape of the packaging, motion marks, position marks, holograms sounds or multimedia, provided that these are both capable of distinguishing the goods and/or services of one company from the goods and/or services of other companies. The mark may be reproduced in the trademarks register in a way that enables the competent public offices and the relevant public to establish the clear and precise scope of the protection of the trademark rights that the trademark owner is granted.

Surnames carried by more than approximately 30 people may be used as trademarks and company names without the consent of the bearers of the name. Surnames in Denmark carried by approximately 30 people or fewer cannot be freely used as trademarks or company names. Use of such personal names in trademarks or company names requires the name bearers’ consent.

In November 2020, the Supreme Court of Denmark ruled that the Danish Names Act does not apply to the use of personal names in company names and trademarks.

A trademark may be registered for any sign which can be represented in a graphical form. Examples of such signs include words and names, designs, the shapes of goods or of their packaging and, in some cases, distinctive shades of color. In all cases, it is required that the sign is original and capable of distinguishing the commercial origin of the goods or services. The Nice Classification system for goods and services is used in the Finnish trademark system.

The owner of a trademark has the exclusive right to use the trademark commercially for the duration of the registration term. In practice, a successful infringement claim requires that a likelihood of confusion can be proven between the trademark and the infringing mark.

A trademark is any sign capable of representation that serves to distinguish the goods or services of a natural or legal person. Since 2019, signs no longer need to be capable of graphical representation to be registered as trademarks. It is sufficient for the sign to be capable of being represented in such a way as to enable any person to determine precisely and clearly the subject matter of the protection conferred on its owner, such representation being clear, precise, distinct, easily accessible, intelligible, durable and objective. Therefore, for example, a word, sound, picture, movement or hologram may notably be protected as a trademark. Trademarks serve as an indication for the consumers of the commercial origin of the marked products or services.

Trademarks protect signs that distinguish products or services of the rights holder from those of others. Signs may include, among others, words, logos, graphics, acoustic signs, 3-dimensional shapes or colors.

Trademarks can be registered with the German Patent and Trademark Office or enjoy an automatic protection through use if known in trade.

National trademarks (granting protection in Germany) and EU-wide Union Trademarks exist in parallel. Union Trademarks must be registered with the European Intellectual Property Office (EUIPO, formerly OHIM).

A trademark holder has the right to exclude third parties from labeling their products with identical or similar trademarks and from offering, marketing, using, importing or exporting such products. Identical or similar trademarks may also not be used in commercials or business documents of third parties.

A trademark is a sign that distinguishes the goods and services of one trader from those of others. Typically, a trademark can be words, indications, designs, letters, characters, numerals, figurative elements, colors, sounds, smells, the shape of the goods or their packaging, or any combination of these. Such sign must be capable of being represented graphically in order to be registered as a trademark.

A registered trademark is personal property.  

Any sign that is capable of (i) distinguishing the goods or services of one undertaking from those of other undertakings; and (ii) being represented in the trademark register, in a manner which enables the competentauthorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor. Trademark protection grants exclusive right for the trademark owner to use the trademark.

On the basis of this exclusive right of use, the owner may initiate proceedings against any party who, without their consent, uses in its business operations in connection with goods or services:

i. A sign identical to the trademark in connection with goods and services which are identical to those specified in the specification of goods for which the trademark is registered

ii. Any sign that consumers may confuse with the trademark due to the identity or similarity of the sign and the trademark, or due to the identity or similarity of the goods or services in question

iii. Any sign identical or similar to the trademark, regardless of whether the goods or services that are listed in the specification of goods for which the trademark is registered are identical or not with the goods or services in connection to which the sign is used, to the extent that such trademark has a good reputation in the domestic market and the use of the sign without due cause would be detrimental to or unfairly exploit the trademark's distinctive character or reputation

A mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of hues or any combination.

A trademark is a mark capable of being represented graphically and which is capable of distinguishing the goods or services of 1 person from those of others and may include shape of goods, their packaging and combination of hues. A trademark indicates a connection in the course of trade between the goods or services, as the case may be, and a person having the right as proprietor to use the mark.

A collective mark means a trademark distinguishing the goods or services of members of an association of persons which is the proprietor of the mark from those of others.

Under Trademark Law, a trademark is a sign that can be graphically shown in the form of pictures, logos, names, words, letters, numbers, color compositions, in the form of 2 dimensions and/or 3 dimensions, sounds, holograms or combinations of 2 or more elements to distinguish goods and/or services produced by a person or legal entity in trade activity of goods and/or services. Practically, Indonesia adopts the "first to file" system in registering trademarks.

Further, under Presidential Regulation Number 63 of 2019 on the Use of Indonesian Language (Presidential Reg. 63), Article 35 (1) provides that the Indonesian language is mandatory for trademarks in the form of words or combination of words owned by Indonesian citizens or Indonesian legal entities. In practice, however, this provision is still debatable. Notwithstanding the provision of Article 35 (1), the use of the Indonesian language is exempted for trademarks that are foreign licenses.

A trademark enables its owner to identify its goods or services and to distinguish them from other goods and services in the relevant market.

It is possible to obtain trademark protection for words, phrases, symbols, designs, logos, letters, numerals, shapes, colors, packaging and sounds or a combination, which differentiate the origin of the goods or services of one party from the goods or services of another.

A registered trademark owner can, subject to certain limitations, claim exclusivity in the trademark and prevent unauthorized use of the trademark.

 is protection for both registered and unregistered trademarks. A trademark may be comprised of letters, numerals, words, devices or other signs, or combinations thereof, whether 2-dimensional or 3-dimensional, and is used to identify and distinguish the source of the goods or services of one party from those of others.

Trademark protection is available for signs that can be represented graphically, provided they are capable of distinguishing the goods or services of a company from those of other companies. In particular, it is possible to register words (including personal names), drawings, letters, numbers, sounds, forms of the product or its packaging or the combinations or shades of color.

The trademark owner has the right to prevent third parties from:

• Using a sign identical to the trademark filed for products or services identical to those for which the mark was registered.

• Using a sign identical or similar to the registered trademark for identical or similar products or services if the identity or similarity between the signs, and the identity or similarity between the products or services, may lead to a risk of confusion for the public, which may consist of a risk of association between the signs.

• Using a sign identical or similar to the registered trademark for different products or services if the use of the sign without justified reason allows the user to obtain an undue advantage from the distinctive character or fame of the trademark or causes prejudice thereof.

A form of protection is granted to unregistered trademarks as well. In case the unregistered trademark has become well known due to a long-lasting, widespread and intensive use, the owner has the right to prevent 3rd parties from registering that trademark when such registration could mislead the public with respect to the origin of the products.

In situations where the pre-use is only local, such use grants the owner of the unregistered trademark the right to continue using it for the same type of products or services, and in the same territory, without the right to prevent 3rd parties – that subsequently register the same trademark – from also using it in the same territory.

A trademark means any letter(s), figure(s), sign(s), 3-dimensional shape(s), or any combination of these, or color(s), or any combination of these, or sound(s) and other certain item(s) which identifies and distinguishes the source of the goods or services from those of others.

A trademark holder has the exclusive right to use the trademark for the product or service.

Registration with the Japan Patent Office is required.

Any signs (such as, but not limited to, names, designs, imprints, stamps, letters, numerals, shapes of goods or their packaging, colors and slogans) that may be represented graphically and may be used to distinguish the goods or services of a company are eligible to be registered as individual trademarks. However, signs solely comprising a shape which is imposed by the very nature of a product, which gives the product substantial value or which is necessary for obtaining a technical result may not be registered as trademarks.

Trademark protection requires the successful completion of a trademark registration process.

In order to be registered, the sign must have a sufficient "distinctive character." Such distinctive quality is not a constant but a variable. This means that a rather weak trademark at the time of registration may become a strong trademark through intensive advertising and enforcement, or, conversely and failing sufficient advertising and enforcement, that a strong trademark may become a weak trademark with a smaller scope of protection or even become the normal commercial description of a product or service for which it is registered as a result of the activity or inactivity of its owner, in which case the trademark will be declared as lapsed.

A registered trademark will give its owner an exclusive right to prevent any 3rd party, without its consent, from:

• Using in business a sign that is identical to the trademark for goods or services that are identical to those for which the trademark is registered.
• Using in business a sign that is identical or similar to the trademark because the goods or services covered by the trademark and the sign are identical or similar and there is a risk of confusion in the mind of the public because of the risk of association between the sign and the trademark.
• Using in business a sign which is identical or similar to the trademark for goods or services which are not similar to those for which the trademark is registered, where the trademark enjoys a reputation in the Benelux territory and where use of the sign without due cause would take unfair advantage of or be detrimental to the distinctive character or the reputation of the trademark.
• Using a sign for purposes other than those of distinguishing the goods or services, where use of the sign without due cause would take unfair advantage of or be detrimental to the distinctive character or the reputation of the trademark.

Trademarks can be visible names, figures, sounds, scents or the plurality of operational elements (eg, image, shape, size, color, package or decoration) that are sufficiently distinctive and capable of identifying the products or services to which they are applied, or are intended to be applied, compared with others of the same type or category; 3-dimensional shapes; trade names and company or business names, provided that they are not an exception; and the proper name of a natural person, provided that it is not the same as a registered mark or published trade name.

Trademarks shall be registered in relation to specific products or services according to the classification provided for by the Regulations of the Law.

Any signs (such as, but not limited to, names, designs, letters, numerals, colors shapes of goods or their packaging, or sounds) that can be used to distinguish the goods or services of a company are eligible to be registered as individual trademarks. However, signs solely comprising a shape or other characteristic which is imposed by the very nature of a product, which gives the product substantial value, or which is necessary for obtaining a technical result is excluded from trademark protection.

In order to be registered, the sign must have a sufficient distinctive character. Such distinctive quality is not a constant but a variable. This means that a rather weak trademark at the time of registration may become a strong trademark through intensive use or, conversely and failing sufficient use, that a strong trademark may become a weak trademark with a smaller scope of protection or even become the normal commercial description of a product or service for which it is registered as a result of the activity or inactivity of its owner, in which case the trademark shall be declared as lapsed.

On the basis of a registered Benelux or EU trademark, its owner has the exclusive right to prevent any 3rd party, who does not have the owner’s consent thereto, from:

• Use in the course of trade of a sign that is identical to the trademark for goods or services that are identical to those for which the trademark is registered

• Use in the course of trade of a sign which is identical or similar to the trademark for goods or services which are identical or similar to those for which the trademark is registered, where a risk of confusion in the mind of the public exists, which includes the risk of association between the sign and the trademark

• Use in the course of trade of a sign which is identical or similar to the trademark for goods or services which are similar to those for which the trademark is registered, where the trademark is well known in the Benelux or EU territory and where use of the sign without due cause would take unfair advantage of or be detrimental to the distinctive character or the repute of the trademark
• Using in business a sign in respect of which, because it is identical or similar to the trademark and because the goods or services covered by the trademark and the sign are identical or similar, there is a risk of confusion in the mind of the public which includes the risk of association between the sign and the trademark

• Specifically for Benelux trademarks: using a sign for purposes other than those of distinguishing the goods or services, where use of the sign without due cause would take unfair advantage of or be detrimental to the distinctive character or the repute of the trademark

Trademarks can be a word, phrase, design, image, smell, shape, sound, color, gesture, letter, number or any combination of these. Trademarks identify and distinguish the source of the goods or services of one trader from those of others traders.

Registering a trademark is not mandatory but is strongly encouraged so as to get the full benefit of the rights that trademark owners are afforded under the Trade Marks Act 2002. 

Though it is possible to enforce trademark rights in respect of non-registered trademarks, it can be more difficult as proof of ownership and use must be established, which, in some situations, can be difficult to show. Registering a trademark with the Intellectual Property Office clearly shows ownership and is difficult to dispute.

The Trade Mark Act and Regulations permit the registration of the following classes of marks:

• Marks that are used or proposed to be used in the course of trade, in relation to goods or classes of goods for the purpose of indicating a connection between the goods and the proprietor or registered user of the mark. Marks eligible for registration include (a) the name of a company, individual or firm represented in a special or particular manner, (b) the signature of the applicant for registration or some predecessor in their business, (c) an invented word or words, (d) a word or words having no direct reference to the character or quality of the goods and not being, according to its ordinary signification, a geographical name or a surname and (e) any other distinctive marks. For such marks to be registrable, they must be capable of distinguishing the goods in respect of which they are proposed to be registered.
• Marks that are adapted to distinguish goods certified by any person, in respect of origin, material, method of manufacture, quality, accuracy or other characteristic from goods not so certified and
• Marks consisting of an invented word or invented words that have become well known in Nigeria.

For decades, the Trademarks Act, governed the registration of trademarks in relation to goods only. However, in March, 2007, the Minister of Industry, Trade and Investment signed amendments to the Trademarks Regulations 1967 to include Classes 35 to 45 (covering a range of services) and this took effect immediately.  The Trademark Act of 1965 initially restricted the definition of “goods” under trademarks. However, the recent amendment by the BFA has broadened the scope of trademarks. This amendment specifically revises the definition of "goods" to explicitly include "services." This amendment addresses previous uncertainties surrounding the enforcement of service marks. In essence, the BFA has extended the protection afforded by trademarks to encompass both goods and services, providing more clarity in the legal framework. The BFA further expanded the definition of trademarks to include “shape of goods”, “packaging” and “a combination of colours”

There are absolute and relative grounds for the refusal of trademark applications. Absolute grounds include (a) lack of distinctive character, (b) deceptive or scandalous marks or marks that are contrary to law or morality or in any way disentitled to protection, (c) marks that contain prohibited words and/or symbols such as the names of chemical substances, Coat of Arms, the words “patent,” “patented,” “registered,” “registered design,” “copyright,” “to counterfeit this is a forgery,” or words to the like effect. Relative grounds include the following: (a) the applicant is not the true proprietor; (b) the application was made in bad faith; (c) the mark is identical or confusingly similar to an existing/prior registration; or (d) the mark contains some restricted words and/or symbols, such as representations of the Geneva cross and other crosses in red or of the Swiss Federal cross in white on a red background or in silver on a red background. Applicants can make representations either orally or written to the Registrar or by amending the trademark application.

Within 2 months of advertisement of an application for trademark registration in a journal, an interested person may oppose the application.

Upon registration of the mark, the proprietor acquires the exclusive right to (a) use the mark in relation to the goods that are covered by the class or classes of registration and (b) prevent 3rd parties from using similar or identical marks in such a way as to be likely to deceive or cause confusion in the course of trade.

The registration of a trademark in Nigeria does not interfere with:

• Any bona fide use by a person of their own name or the name of their place of business, or any of their predecessors in business, or
• The use by any person of any bona fide description of the character or quality of their goods, not being a description that would be likely to be taken as importing any reference to a certification mark or equities in respect of a trademark, or
• Marks that are identical with or so nearly resembling the registered trademark in relation to goods in relation to which a person or their predecessor in title has continuously used the mark from a date that is previous to the use or registration of the trademark by the proprietor.

Trademarks can acquire distinctiveness through use and adaptation. For a trademark to acquire distinctiveness, it must be capable of creating an association, in the minds of the purchasing public, with a connection in the course of trade between the proprietor and the goods or services to which the mark is applied.

A registered trademark may be removed from the register of trademarks in relation to any of the goods in respect of which it is registered, on an application made by a concerned person to the Registrar of Trademarks or to court on any of the following grounds: (a) the mark was registered without any bona fide intention to use it in relation to the goods covered by the registration and there has been no bona fide use of the mark up to 1 month before the application or (b) up to 1 month before the application, a continuous period of 5 years or longer has lapsed during which the trademark was registered and no bona fide use occurred.

A trademark may consist of any signs capable of being represented graphically, or 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 undertakings.

Trademarks can be any sign that is able to distinguish products and services in the market, including visible names, figures, sounds, scents, logos, colors and shapes, among others, and that are sufficiently distinctive and capable of identifying the products or services to which they are applied.

Trademarks shall be registered in relation to specific products or services according to the classification provided for by the Nice International Classification.

The ownership and exclusivity of a trademark is given with its registration before the national Trademark Office.

Mark means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a mark or stamped container of goods.

Except in cases of importation of drugs and medicines and of off-patent drugs and medicines, the owner of a registered mark shall have the exclusive right to prevent all third parties that do not have the owner’s consent from using, in the course of trade, identical or similar signs or containers for goods or services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion. In case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed.

Trademarks are signs that have a distinctive character and that distinguish the products of one company from the products of another company. On March 16, 2019, the Industrial Property Law Act (Prawo własności przemysłowej) was amended as a result of the implementation into the Polish legal system the Directive (EU) 2015/2436 of the European Parliament and of the Council of December 16, 2015. The aim of the amendment was to harmonize the laws of the Member States relating to trademarks. The legal definition of the term “trademark” was changed and does not now include the requirement of graphic representation. The purpose of this change is to enable the protection of unconventional trademarks that cannot be easily presented in a visual form.

In Poland there are 3 regimes of registered trademark rights: national trademarks (registered by the Polish Patent Office); international trademarks (registered through World Intellectual Property Organization and approved by the Polish Patent Office); and EU trademarks (registered through EU Intellectual Property Office).

In Poland, a person wishing to seek protection of his/her designation (sign) does not have to register the trademark through any office. This person may benefit from an unregistered trademark right based on unfair competition law on the basis of prior use on the market. The Polish Industrial Property Law Act also confers certain rights on the owners of unregistered but  well-known trademarks commonly used in the Republic of Poland (a high degree of recognition by the relevant public is required).

The trademark right grants the owner the exclusive right to use the trademark in a commercial and professional way in the territory of Poland (or in the EU, based on an EU trademark). A trademark right prohibits any third party from manufacturing, using, offering, marketing or importing and exporting and stocking for these purposes, products marked with an identical, similar or confusingly similar trademark (in the case of renowned trademarks, the level of similarity is lower and does not require that goods marked with such trademarks be identical or very similar).

A trademark may be composed by a sign (or a combination of signs) capable of being represented graphically ( eg, words, drawings, letters, numbers, sounds, colors, the shape of goods or of their packaging) or by a sign (or a combination of signs) which may be represented in a manner which enables to determine the clear and precise subject matter of the protection, provided that such signs are capable of distinguishing the goods or services of one company from those of other companies.

The registered trademark confers to the owner the right to prevent 3rd parties not having their consent from using in the course of trade any sign which is identical or similar to the trademark in relation to goods and/or services which are identical or similar to those for which the trademark is registered and where, because of its similarity, there is a likelihood of confusion or association on the part of the public.

Any signs; particular words, including personal names; designs; letter; numerals; colors; the shape of goods or of the packaging of goods; or sounds, provided that they (i) are capable of distinguishing the goods or services of an undertaking from those of other undertakings and (ii) are represented on the register in a manner that enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.

Trademark protection is available to signs that can be represented graphically, provided that they are capable of distinguishing the goods or services of a company from those of other companies. In particular, it is possible to register words and their combinations (including personal names), drawings, the combination of both as well as less traditional marks, such as 3-dimensional marks and sounds. To qualify for protection, a trademark must be registered with the Russian Trademark Office (Rospatent) or protected in Russia by virtue of the Madrid Protocol.

The trademark owner has the right to forbid third parties from using a sign identical or confusingly similar to its trademark if it is used in relation to goods or services identical or similar to those for which the mark was registered. This also captures the use on the internet, including within domain names. The enforcement of trademark rights against violation in relation to dissimilar goods and services is much more difficult, but might be possible in rare cases depending on circumstances (typically through an unfair competition action).

An unregistered trademark does not enjoy legal protection. The exception is taking the intensively used designation into account when confronting with bad faith applicants or users. However, this requires a significant amount of evidence and is resolved on a case-by-case depending on the circumstances of each specific dispute.

Trademarks must generally take a distinctive form and be capable of distinguishing goods or services.

The GCC Trademark Law (as implemented in KSA) provides an indicative list of registrable trademarks, including names, words, signatures, characters, codes, numbers, titles, seals, drawings, images, inscriptions, packaging, figurative elements, shapes or colour, group of colours or combinations of colours. Unconventional marks such as sounds and smells are now also registrable under the GCC Trademark Law.

The KSA has adopted and applies the Nice Classification for the purposes of registration of marks.

An application for trademark registration is submitted to the Trademarks Office at the Saudi Authority for Intellectual Property. A person who has a registered trademark is its exclusive owner, and the use of a registered trademark by any other person requires the consent of the owner.

A trade mark is a sign used by a trader to distinguish its goods or services from those of others. Registration of a trade mark gives the owner the exclusive right to use (and to authorize others to use) the mark for the goods or services for which the mark is registered.

A trademark may consist of any sign – in particular, words, including personal names, letters, figures, drawings, shape of goods or their packaging or sounds, if such designation is capable of distinguishing goods or services of one person from goods or services of another person and of expressing in the Register of the Industrial Property Office in a way which enables the competent authorities and the public to clearly determine the subject matter of the protection.

A trademark is broadly defined as any type of mark that functions to distinguish one's goods from others, regardless of its construction or its representation, including a symbol, character, sound, scent, 3-dimensional shape, hologram, motion, single color or any combination thereof.

A service mark is a mark that is used by a person who carries on a service business to distinguish such business from those of others. Except as otherwise expressly provided for under the TMA, the provisions under the TMA relating to trademarks shall apply to service marks as well.

Rights in a trademark based on prior use are only minimally protected, with the exception of "well-known" trademarks. The owner of a well-known, unregistered trademark may prevent others from using or registering a similar mark or may bring an invalidation action against such a registration.

As it may be difficult to establish the well-known status of a trademark, registration of trademarks is highly advisable to secure protection.

Trade dress of a service provider is now protected under the UCPA. Examples of such trade dress are as follows: the manner in which goods are offered for sale or services are provided and the overall appearance of the place where the service is provided, such as signboards, and external and interior design.

The amended UCPA which took effect on July 18, 2018 introduced a new provision prohibiting unfair competition in connection with "idea theft" – the unfair use of the ideas of another with economic value that has been obtained as part of a business negotiation or transaction.

Words or combinations of words, names, figures, symbols and drawings, letters, numerals and combinations, 3-dimensional shapes, including wrappers, containers and the shape of goods or their packaging, colors, numbers, sounds and any combination of these elements, may constitute trademarks under Spanish law.

The procedures through which a registration having effect in Spain can be obtained are:

• National system
• International system and
• European Union Trademark.

A trademark may consist of any signs capable of being represented clearly in the Swedish Patent and Registration Office's trademark registry, 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 undertakings.

Trademark owners are granted an exclusive right to use the trademark commercially and prevent 3rd parties from using identical and confusingly similar marks for identical or similar goods and services as those protected by the trademark.

Words, letters, numerals, figurative representations, 3-dimensional shapes or combinations of such elements with each other or with colors which distinguish the goods or services of one business from another are eligible to trademark protection.

Trademark rights become effective upon their registration.

The trademark owner has an exclusive right to use the trademark to identify the goods or services for which it is claimed and to dispose of it. The owner also has the right to prohibit others from utilizing an identical or similar sign for the same or similar goods or services if a likelihood of confusion results.

A trademark is defined as a sign with distinctiveness which is capable of being recognized by relevant consumers as an indication of the source of goods or services and distinguishing goods or services of one from others. A trademark may consist of words, devices, symbols, colors, 3-dimensional shapes, motions, holograms, sounds or any combination thereof.

In general, Ukraine is a first-to-file jurisdiction, which means that trademark rights arise out of registration of the trademark with the Ukrainian IP Office. However, well-known trademarks are protected regardless of registration in Ukraine based on the decision whereby they are recognized or well known by the Ukrainian IP Office or the court.

A trademark under Ukrainian law is a designation that distinguishes the goods or services of an entity from the goods or services of others.

The following designations may be protected as trademarks: any words (including proper names), letters, numerals, figurative elements, colors, configurations of goods or their packaging, sounds, provided that such designations allow as follows:

i.  distinguishing goods or services of one entity from the goods or services of the others,

ii.  displaying in the Ukrainian Trademark Register in a way as to determine a clear and precise scope of legal protection, provided to such designations.

A trademark holder has the exclusive right to prohibit the 3rd parties from offering, marketing, using, importing, exporting and labeling their products with an identical or similar trademark for identical or similar goods or use the trademark in business documents or on the internet.

Registration of trademarks in the UAE is voluntary, but in practice, is highly advisable because the rights attaching to unregistered trademarks are limited (especially for marks which are not well-known internationally).

Registration provides the proprietor with the exclusive right to the use of the mark in connection with the goods or services for which it is registered (Article 7 Trademark Law). The UAE has adopted the 10th edition of the Nice Classification.

The owner of a registered trademark is considered the exclusive owner of the mark in the UAE.

A registered right which may be obtained to protect a distinctive, non-descriptive sign consisting of words, slogans, designs, letters, numbers, domains, shapes, smells, sounds, colors, gestures or moving images that can be represented graphically and can be used to distinguish goods and services of one undertaking from those of another, subject to various grounds for refusal including conflicts with prior rights.

A trademark is infringed by use of an identical sign for identical goods or services for which the mark is registered, or by use of an identical/similar sign for identical/similar goods or services for which the mark is registered where there exists a likelihood of confusion on the part of the public. Additional protection is given for well-known marks.

A word, phrase, symbol, design or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods of one party from those of others are protectable as trademarks.