OSIM (State Office for Inventions and Trademarks) no longer examines the trademarks focusing on the relative grounds (the identity or similarity to an already registered trademark) without the formulation of an opposition by an interested person!
The title holder of registered trademark must be informed of the submission for registration of similar or identical trademarks to his or her own. Only that way will the holder be able to formulate an opposition in due time (2 months) and avoid seeing his or her trademark registered by someone else.
According to law 66/2010, all trademarks are to be published within 7 days from submission to BOPI – The Industrial Property Official Bulletin.
In that way your competitors or even your former employees can apply for, during registration, and obtain the protection for an identical trademark to yours.
In order to know which trademarks are submitted to registration, you ought to check with BOPI daily or at least weekly, in order to make sure that you are able to formulate oppositions in due time.
We can assist you in this respect by providing services such as:
- The weekly observation of the Industrial Property Bulletins in view of determining the violation of personal rights in order to formulate oppositions before the Commission of Oppositions within the State Office for Inventions and Trademarks, as well the submission of a monthly report;
- The identification of similar or identical trademarks which might prejudice your right over the trademark;
- The provision of consultancy regarding the possibilities which you can opt for in order to put an end to the use of your trademark by another person (opposition, legal dispute or infringement).
- The observation of trademarks which are submitted for registration in a specific field.
- The observation of trademarks which are submitted for registration by a certain company or a living party