Trademarks
Because brand protection is essential to ensure a distinctive identity on the market, to create financial value, to communicate a brand image and values and thus create consumer confidence and loyalty, LEX MERCAT offers to support the applicant in order to avoid any unauthorized use by third parties.
Preliminary search : before registering a trademark, the firm carries out a preliminary search to ensure that the trademark is not already in use by a third party.
Filing an application for registration : if the trademark is available, an application for registration is filed by the applicant via the IP Agent or IP Engineer with the Office Malgache de la Propriété Industrielle (OMAPI). Filing can be done at national level, or via the national office for an international application via the Madrid System.
Choice of classes : When applying for registration, the applicant must specify the classes of goods or services for which the trademark will be used. The choice of classes is made with reference to the Nice Classification and delimits the scope of protection of the trademark.
Examination of the application : The National Office examines the application to ensure that it meets the criteria of distinctiveness. The applicant via the IP Representative or IP Engineer will not be allowed to make any changes to the application during the process.
Trademark registration : following substantive examination by the National Office, the applicant will be issued either a certificate of registration or a notification of refusal. If registration is granted, it confers legal protection on the trademark and establishes an exclusive right to its use in the specific categories of goods or services for which it is registered.
Continued use : we strongly suggest that applicants use the trademark continuously and in accordance with the activities for which it was registered. Abandonment or prolonged non-use of the trademark could result in loss of rights.
Monitoring : we recommend that trademark owners monitor the use of their trademark on the market or have it monitored. Attention should be paid to possible infringements or unauthorized use by third parties.
Renewal : Trademark registration is valid for a limited period. The applicant, via the IP Agent or IP Engineer, must renew the registration regularly to maintain trademark protection.
Contracts and licenses : If the trademark owner authorizes third parties to use his trademark, we can help draw up clear license agreements to define the conditions of use, and register them with the National Office to protect his rights.
Enforcement : In the event of infringements, the firm is able to assist the trademark owner in taking legal action to enforce trademark rights. This may include formal notices, infringement actions or other appropriate legal remedies.