A mark may be the subject of an international application only if it has already been registered (or, where the international application is governed exclusively by the Protocol, if registration has been applied for) in the Trademark Office of the Contracting Party with which the applicant has the necessary connection, as described in paragraph 6, above, to be able to file an international application. This Office is referred to as the Office of origin.
What Does a Trademark Protect?
A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures. This includes both registered and unregistered trademarks.
In short, a trademark is a word, phrase, symbol, design, or combination that helps consumers identify a particular product. A service mark is the same, but pertains to a service instead fo goods. Both marks are protected once they are used. This includes both registered and unregistered trademarks.
In 1995, the landmark case of Qualitex Co. v. Jacobsen Products Co. affirmed that trademarks aid in a customer’s shopping habits. By using a sole trademark, the producer reaps the sole benefit of sales, while the consumer is satisfied.
At a time when the range of goods and services is ever increasing, a trademark is an ever more important part of a company. A trademark is what will represent you and your reputation. Registering your trademark with PRV is the safest way to get exclusive rights to your sign. The registration is valid for ten years and can then be extended by ten years at a time.
Exclusive rights means that no one else has the right to use the mark on their goods or services, or in their marketing. If that did happen, it would be trademark infringement and you could pursue legal action. The court, in turn, could ban further infringement and impose a fine or prison sentence.