We are have been developing a personal finance/banking SaaS.
Before the official market launch, we would like to register our trademark. Basically our question is: how exactly should we do that? Is it enough to register it in Spain, were our startup is located? Does that protect us from competitors in other countries too?
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Yes the EUTM through the EUIPO System should be the first step after making a preliminary search.
Then the "Madrid System" for the filing of an International Trademark may be of your interest claiming the priority date to be made within 6 months of the first filing.
Last but not least, remember that Switzerland does not make part of EUIPO therefore to cover said Country a national filing must be done or may be done through the "Madrid System". For CH do not hesitate to contact us.
My name is Krasimira Kadieva – an European trademark attorney and it is my pleasure to answer your question. Early protection of a trademark is important.I really recommend you to register your trademark at least for the territory of Spain. It is very important to be informed that the protection is only for the territory on which your trademark has been registered. If you offer your products/ services internationally, having a registered trademark just for the territory of Spain is not enough since the trademark will be protected only for the territory of Spain and identical or similar trademarks can be registered by other persons or legal entities in other countries. You will take the decision based on your market interest as well as the available funds you have for the registration of your trademark. I will advise you to file an application for registration of an European Union trademark (EUIPO).Having a registered EUTM means that the protection will be spread on the territory of all member states of the European Union, including Spain, which means that with one application you will have a protection in 28 countries. If you register an EUTM you do not have to register your trademark in Spain. Afterwards you can choose other countires outside EU where your market interest is and file an application for international registration of a trademark. I will not describe the procedures since it is better to consult a professional trademark attorney to perform a preliminary trademark search in order to avoid opposition proceedings and be sure that you do not infringe earlier rights. A professional trademark attorney will also help you choose the appropriate goods and/ or services from the Nice classification and file the application for registration. I am wishing you a successful registration of your trademark.I will gladly help you with the registration of your trademark. If you have any further questions, please do not hesitate to contact me.
With best regards,
Hello, I recommend you register your trademark in the European Union's office; the pro about this is that it grants protection in all EU member countries. The only downfall is that, if a third party attempts to register a trademark similar or identical to yours, you will have to oppose to it.
We have physical presence in Madrid, in case you want to meet we would be happy to visit you, with no strings attached, in order to guide you through this process.
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