Dec 01, 2022 (Newsletter Issue 17/22)IP Office Participates in WIPO Digital Access ServiceThe Monaco Industrial Property Office of the Business Development Agency notified WIPO, in accordance with paragraphs 10 and 12 of the Framework Provisions for the WIPO Digital Access Service (DAS), that it will commence operation as both a Depositing Office and an Accessing Office of WIPO DAS with effect from 1 February 2023.
For more information, please see hereSource: www.wipo.int Oct 20, 2021 (Newsletter Issue 15/21)Common Practice on Absolute Grounds for Refusal (CP3)The Industrial Property Office of the Business Development Agency of the Principality of Monaco (MCIPO) has published a practice paper on the examination of absolute grounds for refusal for figurative trademarks with purely descriptive words or expressions.
The publication aims at increasing transparency, legal certainty, and predictability for the benefit of examiners and users alike. It has been tailored-made to the specificities of MCIPO, providing an overview of MCIPO quality standards for applications received electronically and on paper.
The practice paper is available in French and English and divided into two parts: the first part summarises the criteria, while the second part provides a complete explanation of the different criteria applicable in each case.Source: www.euipo.europa.eu Legal basis is the Trademark Act of June 10th, 1983, in force since October 1st, 1983.
Monaco is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration. It can also be acquired by use, if this use has allowed the trademark to become well-known.
Nice classification, 12th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs. Sound marks and olfactory marks are not registrable.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks, titles of establishment and trade names.
The application is filed at the Patent Office. The application must be in French.
A trademark application can be filed in person by the applicant or a representative or electronically through a platform accessible on the Office website. An account has to be created. The account created on the platform must belong to a Monegasque agent or the Monegasque applicant.
Multiple-class applications are possible.
Foreign applicants do not need a local agent.
The designation of a common local agent is compulsory for trademark with co-owners.
A POA is always required, but a scanned version is sufficient. The Office needs the corresponding original version. In the negative, an objection will be raised with an 8 calendar days deadline to submit the document.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and an examination of distinctiveness. The trademark office does not check the prior marks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The timing to obtain registration is maximum 3 months and minimum 1 month and 1 day.
After registration, the trademark is published black and white in an annex of the quarterly “Journal de Monaco” Intellectual Property Section.
There is no use requirement in Monaco.
National:There is no opposition procedure at the registry. A court action is required to cancel a mark.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is EUR 100 for up to three classes and EUR 30 for each additional class. There are no registration and publication supplemental fees.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.