Trademark Registration:
The name of your business is one of its most important assets. Once you've done the hard work of choosing your name and making sure that it's available for your use, you'll want to protect it in every way you can. This means following local and state laws that govern when you must register a fictitious (or assumed) business name. It also means filing for trademark protection at the state and federal level, if appropriate. Protecting your trademark basically consists of preventing others from using your mark in a context where it might confuse consumers, and recovering money from someone who uses your mark knowing it was protected. The laws favour businesses who first used the mark, and much of copyright law comes from the Lanham Act. The Lanham Act was designed to prevent trademark infringement. The law broadly prohibits uses of trademarks, trade names, and trade dress that are likely to cause confusion about the source of a product or service. Infringement law protects consumers from being misled by the use of infringing marks and also protects producers from unfair practices by an imitating competitor.

Even if you are not yet using a trademark, you can reserve the right to use one by filing an intent-to-use trademark registration application with the European Trademark Office before anyone else uses the mark. If the person uses the mark within six months to three years after the Trademark Office approves the trademark, then the first use will be considered the day the application was filed. Before you choose a particular trademark for your goods or services, it is best to conduct a trademark search to ensure that it is not being used already - this will ensure that you are not infringing someone else's trademark reduce risks of a costly trademark infringement lawsuit. If you use a protected trademark, not only might you have to discontinue using the mark - and lose all the goodwill you have gained with it - but you could be liable for hefty lawsuit damages and attorneys' fees. You can conduct trademark searches through Coddan. Our professionals will conduct on your behalf the trademark search. A patent is the grant of a property right to the inventor, issued by the European Trademark Office. The term of a new patent is usually 10 years from the date on which the application for the patent was filed in European Trademark Office. The right of a patent is the right to exclude others from making, using, offering for sale, or selling the invention in the EU. Basically, a patent gives the owner the right to a monopoly on the use and sell of the invention for a period of time.

European Community Trademarks:
European trademarks are the most comprehensive protection you can obtain for your business name, brand name, company logo or slogans, the protection is effective throughout the whole of the European Community. Once the European trademark registration has been granted it will last for 10 years and is renewable in 10 year periods thereafter, the registration can therefore last indefinitely as long as the registration is renewed at the appropriate time.

Again, before the European trademark application is filed it is very important to ensure that no existing identical or confusingly similar trademarks exist which are either identical of confusingly similar to your proposed trademark. We therefore suggest that we complete our clearance searches on the UK and EC Trade Mark Registers prior to filing the application. Although the European Registrar will search against existing national European trade mark applications and registrations before accepting the application for registration, it is much more cost effective to search the UK & EC Trade Mark Registers only then file the application and wait and see the results of the examination report. The EUROPEAN PATENT CONVENTION essentially concerns a unified procedure for filing, examination and granting a patent.

Advantages: In one single application in one language (German, English or French) may be designated 20 European countries Granting procedure of the patent is simplified.

Trademarks and Trade Names:
The Law governing the general granting procedure, regulates the obtention of Trademarks and Trade Names, establishes the administrative procedure, the formal examination and of seniority to be carried through in each file until its grant. Definition as to the Law:

Trademark: A trademark may consist of any signs capable of being represented graphically, particularly words, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings.

The term of a trademark right will expire ten years after the date of filing, which term may be extended for ten years each time an application for renewal is filed;
To maintain the trademark in vigour, the owner has to pay each ten years;
Validity of the trademark will be for the whole national territory.

Trade Names: Trade names mean signs or denominations to distinguish a natural or juridical person carrying through his commercial activity and which distinguish his activities from identical or similar activities.

Maximum duration: indefinite, for ten year periods renewable from the application date;
Maintenance: through payments each ten years;
Protection on the whole national territory.

Community Trademark:
The Community Trademark is regulated by the Council Regulation (EC) no. 40/94 and published on 14th of January 1994 in the Official Bulletin of the European Communities. CTM Applications may be filed since 1st of January 1996 at the Office for Harmonization in the Internal Market (OHIM). The main advantage of the CTM system is that instead of having a multitude of trademark registrations throughout the European Union, you will only need one (a CTM) to effectively protect your trademark interests. Having one of its offices on the territory of Spain (Marbella), Coddan can assist you with all necessary procedures at the OHIM.

International Trademarks (WOPO):
Agreement of Madrid in relation with the International Registration of Trademarks (1891). This Agreement provides the possibility to obtain protection of a trademark in all member countries (on January 1, 1997, 46 states were members). In order to profit from the advantages of the Agreement, the applicant has to register his trademark first in the country of origin and subsequently file the international registration by means of the National Office.

The WIPO-office in Geneva then publishes the trademark in the "Gazette des Marques Internationales". Posteriorly each country in which the applicant wishes protection, will be able to decide in a one year's term whether to grant protection in its territory or not. In case of refusal, the WIPO will issue the correspondent notification, otherwise the trademark will be considered to be granted. The protocol of the Agreement of Madrid (1989). The protocol took effect on April 1, 1996, and was approved with the purpose of introducing new characteristics into the existing registration system of international trademarks. The protocol is open to the member countries of the Paris Convention and to certain intergovernmental organisations. Said convention introduces the following principal innovations:

An International trademark application can be based not only on the registered trademark, but also on an application.
Every country can decree a refusal of protection of the trademark in its territory within an 18 months' term (instead of a one year's term). Applications can be filed not only in French, but also in English language.
Presently the protocol of Madrid includes 18 countries.

In the area of the Trademark registration Coddan offers the following service to his customers. Search for detecting similarities before filing a trademark:

Database of the Spanish Trademarks Office
Database of the Community trademarks filed at the OHIM
Database of the international trademarks designating SPAIN
Database of international lines
Assistance with the preparation of Community Trademark applications
Filing and prosecution of Community Trademark applications
Filing and prosecution of international trademark applications (WIPO)
Database for status checks on files
Control of new trademark application.

Patent Co-Operation Treaty:
The Patent Co-operation Treaty, or PCT, tends to standardize the procedure for filing a patent application and makes it possible to perform one single filing (international application) covering a certain number of countries, conferring more time and a better basis for taking decisions with regard to the beginning of a granting process of patents in foreign countries. The PCT is not dealing a granting procedure, but it refers to a system of unification of the procedure prior to the grant.

Advantages: it encompasses most of the developed countries, including JAPAN, USA and CANADA. It simplifies the initial procedures. It allows to defer the final decision of the designated countries until 30 months from the priority date. The same application may be used for the procedure of the EUROPEAN PATENT CONVENTION and EURO-PCT. The procedure of the European patent process is based upon the EUROPEAN PATENT CONVENTION that essentially concerns a unified procedure for filing, examination and granting a patent. The advantages of this procedure are as follows: in one single application in one language (German, English or French) may be designated 20 European countries. Granting procedure of the patent is simplified. As these patents are granted after a complete examination for patentability, performed by the competent Examination Division, these patents are strong and have a higher value than a national patent where such examination is not so complete.

The Patent Process:
The patent process is generally very long - taking one to two years before an application is finally approved. During this period, the application generally travels back and forth between the applicant and the patent examiner until both sides agree as to which part of the invention is worthy of a patent. During this time, the claims mat be amended or changed. Once an agreement between the applicant and the examiner is reached, the Patent and Trademark Office approved the application and writes a brief description in a publication entitled the Official Gazette. After publication, if no one objects to the patent, the applicant receives a patent deed. Once the patent is received, the owner is charged with enforcing it; for instance, if a patent is being illegally violated, the patent owner must make that determination and file a federal court action to enforce his or her rights. Coddan offers the following service to his customers:

Drafting and preparing of the patent
Procedure of a patent in any country in the world
Procedure of the European Patent or via PCT international agreements
Searches on basis of national and international data
Obtention of patent copies from all over the world
Control and surveillance of the files in procedure, keeping the client apprised about the development of each case.

Through our professionals we can draft and prepare the registry of your patent, trademark or logo. We will guide you through all patent process from assistance with the completion of the patent application and drafting and preparing of the patent to the final approval of your application. Making it as simple as possible for you.

Design Rights:
The obtention of Industrial models and designs is governing by the Industrial Property Acts. The procedure establishes a formal examination by the Administration and subsequently the publication of the application, so that third parties have the possibility to impugn it before the grant. The Administration allows assembling a series of 10 industrial models or designs in one single file. Definition according to the Industrial Property Statute.

Industrial Model: Each object can serve as a type for manufacturing a product and that can be distinguished by its structure, configuration, ornamentation or representation.

Maximum lifetime: 10 years, which are renewable by ten more years, i.e. 20 years from the date of grant
Maintenance: quinquennial taxes
Worldwide and absolute novelty
Scope of protection: The whole national territory.

Industrial Design: Every arrangement or conjunct of lines and colours, which can be applied to the ornamentation of a product, with commercial purpose.

Maximum lifetime: 10 years, which are renewable by ten more years, i.e. 20 years from the date of grant
Maintenance: quinquennial taxes
Worldwide and absolute novelty
Scope of protection: The whole national territory.

Coddan offers the following service to his customers:

Draft and preparation of the Industrial model or design
Procedure of an Industrial model or design in any country of the world
Procedure of Industrial models or designs via THE HAGUE CONVENTION
Search of precedents in national and international databases
Obtention of copies worldwide.

Copyright. Intellectual Property Protection:
The Law on Copyright was regulated to harmonize the different legal dispositions on Intellectual Property. The Law establishes that the Intellectual Property of a literary, artistic or scientific work corresponds to its author due to the sole fact that he created it. Besides Intellectual Property rights are independent and cumulative to other types of rights as those of Industrial Property. The following items can be the subject of copyright:

Written literary works, lectures, speeches, sermons or other oral works
Musical works
General theatrical works, choreography and other works for theatrical performances
Audio-visual and cinematographic works
Sculptures, paintings, drawings, gravures, lithographs and other artistic works
Architectural works
Computer programs
Architectural plans, towns planning, landscape gardening
Photographic works
Illustrations, maps, plans and other work which relate to geography, geology, topography, architecture and other branches of science compilations of works in the event that such compilation results from an inventive work and do not result in an infringement of the rights of authors of the constituent parts
Translations, adaptations, arrangements and other paraphrases or original works (derivative works).

In the area of copyright and intellectual property protection Coddan offers to his customers Procedure of the Intellectual Property files at the local Registries.