Is the use of a trademark mandatory?
During a period of five years from its registration, the trademark does not have to be used, without losing its protection. Should the disuse of the trademark continue after said period, third parties may dispute the disused mark.

Does the non-registrability of a mark mean an interdiction to use the sign?
A sign, which belongs to the public domain and therefore cannot be registered, may be used by everyone. Also deceptive signs may be used in the market, as long as this use does not constitute an unfair competition. Indecent signs may be used as far as they do not infringe provisions subject to public law and especially criminal law.

What does the symbol ® mean?
The ® (Circle-R) is a warning notice to advice the public that the mark is registered and its use provides legal benefits. This notice can be used only with registered marks.

What does the symbol "TM" mean?
A ™ is used to indicate an unregistered trademark. It is an informal notification that there is a public claim as a trademark. The notification is no statement concerning a possible registration.

 

 

Logos: Pure figurative marks use the power of visualization. They count - think of the famous "Nestlé Bird's Nest" - the oldest trademark.