- What is the TradeMark Public Register TMPR?
- You’ve talked about tokenizing a TradeMark by means of Non-Fungible Tokens or NFT. What does that involve?
- What are Non-Fungible Tokens or NFT?
- How do NFTs work function on the blockchains?
- Can I register any TradeMark in the TMPR?
- What are the advantages of a Smart Contract for the TradeMark registration?
- What is a Smart Contract?
- Come collegare MetaMask a Binance Smart Chain per poter registrare il tuo marchio nel TMPR, il Registro Pubblico dei Marchi?
- What are the advantages of registering a TradeMark?
- What are the benefits of the international registration of a TradeMark?
- How does the international TradeMark register operate conventionally?
- Which countries make up the Madrid System?
- What has to be done before registering a TradeMark?
- How long does the entire conventional international registration process take?
- Is there a big difference in price – from one country to the next – for registering a TradeMark?
- For example, how do I register a TradeMark in Mexico?
- And how is a TradeMark registered in Spain?
- I hear it’s very different in the United States; how do I register my TradeMark?
- How does one proceed to register a TradeMark in Panama?
- And how do you register a TradeMark in Colombia?
- I’ve read these examples; so then, om a legal level, which will protect my TradeMark more?
What is the TradeMark Public Register TMPR?
The TradeMark Public Register (TMPR) is an important transformation in the international TradeMark public register.
The TMPR platform operates through a smart contract. This way, the TradeMarks registered there will all have international validity. Further, the holders of these TradeMarks can count on legal support that they can present before any court in case of complaints.
Our service will permit you to protect your TradeMark by registering it on a Blockchain as a Non-Fungible Token (NFT). We’ll tokenize your TradeMark using the standard ERC721 and loading your logo into the IPFS (Interplanetary File System). All of this happens in a question of seconds.
Our Smart Contract (which is executed on the Binance Smart Chain) tracks the digital assets created and associates them with your MetaMask Wallet address.
You’ve talked about tokenizing a TradeMark by means of Non-Fungible Tokens or NFT. What does that involve?
It consists in giving your TradeMark a value by means of a token. You give it this value in case you want to sell your Brand. You can put your TradeMark up for sale at any time through the TMPR Market. You can also purchase TradeMarks registered on TMPR, contact the seller by email and even make him a counteroffer. There is neither a minimum nor a maximum price in the TMPR Market. Keep in mind that NFT s have been created that have been quoted at astronomical amounts!
What are Non-Fungible Tokens or NFT?
The initials NFT are becoming increasingly more familiar. They stand for Non-fungible Tokens and have revolutionized the Art Market; although their uses have rapidly transcended the commercialization of digital art and these days you can sell almost anything digital that you own, as an NFT, from a tweet up to your own TradeMark.
In the first place, we have to understand that tokens are considered units of value, associated with a business model, like that of the cryptocurrencies. Nonetheless, it’s opportune to clarify that, although there are points of contact with cryptocurrencies, they aren’t the same thing. Cryptocurrencies are fungible assets, meaning that they have equivalences and can be exchanged, whereas, non-fungible elements, like NFTs, are unique, without equivalences.
To make it easier to understand the concept, I’ll give you an example. Think of NFTs as though they were a picture, one you’d like to have. The “Mona Lisa”, by Leonardo da Vinci, is located in the Louvre Museum, in Paris. There’s only one and it’s worth millions of dollars, although it’s not for sale. In the museum’s shop, you can buy small reproductions of the painting. You can even obtain a copy of the same size and practically identical, to hang in your home’s living room. It can seem the same to you; however, it’s not the original work. Therefore, it doesn’t have the same value. The same thing goes with NFT. Just like there are no two identical “Mona Lisa”, there are no two identical NFTs. These are unique assets that can’t be transformed.
The NFTs are attached to works or any digital asset. Their price is set by the seller. Lately, pieces of CryptoArt have been sold for millions of dollars, paid for in Ethereum, or a tweet, sold for the symbolic price of one dollar. There are no limits on NFTs.
How do NFTs work function on the blockchains?
Just like cryptocurrencies, the NFTs work through the technology of blockchains. An enormous, decentralized computer network that can depend on knots linked by cryptographic means. Each block is joined to the one before it, and all the data appear there as an unmodifiable structure. The majority of the NFTs are based on the Ethereum blockchain.
When you create or acquire an NFT, you receive a digital certificate of authenticity. Unmodifiable data appear there, from the initial value of the NFT up to its author and how many transactions it has gone through before reaching you. So, when you receive any digital element, tokenized with NFT, you will always have a way of knowing how much it cost initially and the amount you paid for it.
What can you tokenize as an NFT? Absolutely anything. You can sell anything, from your first tweet up to a digital photograph that you took or register your own TradeMark. Imagine how much red tape and money you can save by registering your TradeMark as an NFT.
You will have a digital certificate at your disposition, valid throughout the world, where the exact date and the characteristics of your logo or TradeMark that you register, If someone wants to claim this TradeMark, you can show your digital certificate, which doesn’t understand ideologies or corruption, because it’s inviolable, since it’s inscribed on the blockchain. Plus, if you want to sell your TradeMark, you can do it in a simple manner, because you have the NFT, which validates you as the real owner. If the buyer appears, then you turn the certificate over to him. This grants enormous validity and security, for both the seller and the buyer.
Can I register any TradeMark in the TMPR?
Yes, you can register any TradeMark, in the TMPR, that hasn’t already been registered or is renowned on the international level. If you do the latter, your NFT will have no commercial value, and not even the exact registration date can help you make a claim, so you would lose your time and money. Before registering a TradeMark and logo on TMPR, it’s advisable that you do a due diligence research on TM View and other international databases. TMPR isn’t a substitute for the National TradeMark Register.
What are the advantages of a Smart Contract for the TradeMark registration?
The TradeMark Public Register works through a smart contract system where the legal date of constitution of the TradeMark is established.
The advantages of using this register are very much linked with those offered by smart contracts: it’s a completely reliable process, since the blockchain is unalterable and is also quicker and less expensive than a traditional register, because it doesn’t need intermediaries.
Given that the data saved on blockchains are unchangeable, you can prove in any court or to anyone that you (and no one else) are the one who has registered a determined logo and a determined commercial TradeMark at a determined time.
Plus, thanks to our Marketplace, if you decide to sell your TradeMark either together with your business, or apart, it will be perfectly fluid, since you can transfer the ownership of your TradeMark and logo to a third party and instantly receive the payment in cryptocurrencies (USDT). All of this is carried out in a completely automatized manner and without having to trust the counterparty, because the Smart Contract takes care of watching over the security of all the participating in the exchange.
What is a Smart Contract?
A Smart Contract is a protocol that operates on the blockchain. This protocol is a software that operates on its own, so there is no there is no third-party intervention, like notary publics or lawyers. This contract is very advantageous because it offers, to all parties, security, reliability and autonomy.
This way, it possible to carry out negotiations, with a smart contract, between unknown people or businesses without asking an intermediary. The software automatically takes on the task of complying with pacts of all parties in the contract.
A smart contract has many points in common with a traditional legal contract, although there are also several differences. For example, in both types, the involved parties voluntarily commit to comply with various conditions.
To sign the smart contract, in this case, the registration of a TradeMark, going to a notary or public official is unnecessary. This is a big advantage over a traditional contract, both in time and in expenses.
These days, smart contracts are used in different spheres. For example, they’re used for the registration and exchange of properties, for automatized payments, in energy transactions, in insurance premiums, bets, and intellectual property.
Come collegare MetaMask a Binance Smart Chain per poter registrare il tuo marchio nel TMPR, il Registro Pubblico dei Marchi?
Spiegheremo rapidamente come installare e collegare MetaMask alla smart chain di Binance per poter registrare il tuo marchio nel TMPR.
- Installare e configurare MetaMask
E questo è tutto! Ora dovresti essere in grado di vedere il tuo portafoglio, pronto per inviare e ricevere fondi.
• Configurare il wallet
Avremo bisogno di accedere alle Impostazioni per puntare il portafoglio ai nodi della Smart Chain di Binance.
Nella pagina "Setting" (configurazione), trova il menu "Networks". Clicca su Add Network (Aggiungi rete) in alto a destra per aggiungere manualmente la rete Binance Smart Chain - dato che non è integrata con MetaMask.
Utilizziamo la rete Mainnet
Nome della rete: Smart Chain
Nuovo URL RPC: https://bsc-dataseed.binance.org/
Block Explorer URL: https://bscscan.com
Una volta salvata la rete e tornato alla vista principale, noterai due cose: la rete è stata automaticamente impostata su quella che hai appena inserito, e le unità non sono più denominate in ETH, ma in BNB.
What are the advantages of registering a TradeMark?
Registering a TradeMark is important and offers various advantages. In the first place, it grants you the exclusive right on this TradeMark. You can use this mechanism to avoid having your competition register TradeMarks that resemble yours. With your TradeMark already registered, you can either license it or franchise it.
During your negotiations with investors, one of the most important elements is that you show them that your TradeMark is registered in front of the local office of Standards and Intellectual Property. This protection puts those investors, and also potential buyers of your TradeMark, at ease.
What are the benefits of the international registration of a TradeMark?
Frequently, there is confusion over the real property of a TradeMark. To safeguard themselves, big businesses usually register their TradeMark in every market and in every country. This is extremely expensive and doesn’t always guarantee the exclusivity of a name. So, the majority of these disputations arrive in a courtroom, where a judge will analyze the proofs of the plaintiff and the defendant. The main proof is the registration date, with a certain date.
Registering an international TradeMark appears to be a much simpler and faster process than registering it on a national level. However, you can actually request international registration in only 124 countries that form part of the Madrid System.
One of the biggest disadvantages of this process is that many countries don’t recognize the Madrid System of the WIPO, among them several from South America and many from the Middle East. With the TMPR, you’ll have a certain date, on a worldwide level, that will serve as a basis for any international claim.
How does the international TradeMark register operate conventionally?
There is an organization in the world that leads the subjects of intellectual property, copyright law, TradeMark law, patents, and industrial property: the World Intellectual Property Organization (WIPO), assigned by the United Nations and made up by 193 countries.
The WIPO counts on a system that facilitates international registration of TradeMarks.
Which countries make up the Madrid System?
Afghanistan, Albania, Germany, Antigua and Barbuda, Algeria, Armenia, Australia, Austria, Azerbaijan, Bahrein, Belarus, Belgium, Bhutan, Bosnia and Herzegovina, Botswana, Brazil, Brunei, Bulgaria, Cambodia, Canada, China, Cyprus, Colombia, Croatia, North Korea, South Korea, Cuba, Denmark, Egypt, Slovakia, Slovenia, Spain, United states, Estonia, Eswatini, Philippines, Finland, France, Gambia, Georgia, Ghana, Greece, Hungary, India, Indonesia, Iran, Ireland, Iceland, Israel, Italy, Japan, Kazakhstan, Kenya, Kyrgyzstan, Laos, Latonia, Liberia, Liechtenstein, Lithuania, Luxembourg, Northern Macedonia, Madagascar, Malaysia, Malawi, Morocco, Mexico, Moldavia, Monaco, Mongolia, Montenegro, Mozambique, Namibia, Norway, New Zealand, Oman, Netherlands, Pakistan, Poland, Portugal, United Kingdom, Czech Republic, Romania, Rwanda, Russia, Samoa, San Marino, Sao Tome and Principe, Serbia, Sierra Leone, Singapore, Syria, Sudan, Sweden, Switzerland, Thailand, Tajikistan, Trinidad and Tobago, Tunisia, Turkmenistan, Turkey, Ukraine, European Union, Uzbekistan, Vietnam, Zambia, Zimbabwe
What has to be done before registering a TradeMark?
The first step already in the “Madrid System” is to carry out a search in the World TradeMark database to find out if there are already TradeMarks similar to yours in those countries where you hope to register it, although the system is reduced to 71 national and international collections of registers.
To use the “Madrid System”, It’s essential that the commercial TradeMark has already been registered in one of the 193 member countries of the WIPO. Therefore, after the initial search, you should register your TradeMark in the Office of Intellectual Property of the country where you have your residence.
Once you have registered your TradeMark at this local office, ask, in the same place, if they can transmit your international registration. That local Office has the obligation to send your form to the WIPO.
Then, the WIPO evaluates your record and, if there are no objections, he expedites a certificate of registration. It’s key that you know that this certificate doesn’t Non-Fungible Tokens immediately offer you protection in every country that you have requested. To obtain protection, you need for the local Office, where you presented the request, to study your record, already certified by the WIPO, another time. The process can take up to 18 months. After that time, if the office doesn’t find any problems, expedites the grant and then you obtain total protection for your TradeMark.
The costs for using the Madrid System vary from country to country, so that it’s necessary to use the calculator that the very system offers. The expenses are broken up into three payments: a basic rate, another that is paid to each contracting party, and a third by the type of product or service to register.
In which category should I register my TradeMark?TMPR, like all TradeMark Registers, applies the Nice classification:
Types of TradeMarks linked to products
Class 1: chemical products
Class 2: paints, varnishes, lacquers and resins
Class 3: whiteners, soaps, cleansers, cosmetics and perfumes
Class 4: oils and lubricants
Class 5: pharmaceutical and veterinarian products
Class 6: metallic products and materials
Class 7: machinery
Class 8: manual tools and instruments
Class 9: scientific and photographic equipment
Class 10: medical equipment and instruments
Class 11: lighting, ventilation and heating equipment
Class 12: vehicles
Class 13: weapons:
Class14: jewelry, metals, and precious sones
Class 15: musical instruments
Class 16: paper, printing products, and materials for graphic artists
Class 17: rubber and similar materials
Class 18: leather and skins,
Class 19: building materials
Class 20: furniture
Class 21: utensils for home use
Class 22: ropes, netting and canvas
Class 23: threads for textiles
Class 24: fabrics and bed linens
Class 25: clothing, footwear and millinery
Class 26: materials for embroidery and lacework
Class 27: carpets and other floor coverings
Class 28: toys and sports items
Classes 29 and 30: food
Class 31: agricultural and livestock products
Class 32: beverages: beer, carbonated and non-alcoholic
Class 33: alcoholic beverages
Class 34: tobacco and related articles
Types of classes of TradeMarks linked with services:
Class 35: publicity and administration services
Class 36: insurance and financial operations services
Class 37: construction and repair services
Class 38: communications services
Class 39: transportation, storage and travel services
Class 40: treatment of materials services
Class 41: education, culture, sports and entertainment services
Class 42: scientific and technological investigation services
Class 43: restaurant and lodging services
Class 44: medica, veterinarian and beauty services
Class 45: legal and protection services
How long does the entire conventional international registration process take?
Compared to the TMPR system, the conventional isn’t a fast service. For example, when you present your TradeMark to your local office, the experts there can delay up to six months before registering it locally. Then, when you request the token international application for the WIPO, these same experts take between 2 and 4 weeks.
The file in the WIPO is much faster, because there the analyses delays between 2 and 4 weeks. The WIPO hands you the certificate , which you will present to your local Office which, as we have already analyzed, will take up to 18 months before validating the WIPO’s certificate.
The international registers of the WIPO are valid for 10 years. Once this time is over, you can renew it for more periods, all lasting 10 years each, also.
Is there a big difference in price – from one country to the next – for registering a TradeMark?
To continue, let’s go analyze some examples of how the registration of a TradeMark currently works and how much it costs in some countries.
For example, how do I register a TradeMark in Mexico?
In Mexico, the registration of a TradeMark is done before the Mexican Institute of Industrial Property (MIIP). This organization grants exclusive right over that TradeMark, lasting 10 years, throughout the Mexican territory.
To complete the process, you need to present a series of documents, among them the request for protection of distinctive signs (TradeMarks, certification marks, commercials or commercial name) or an application for protection of distinctive signs B (holographic TradeMark, sound TradeMark or olfactory TradeMark, commercial image). Another document to be presented is one that proves the personality of the applicant.
The cost of the registration before the MIIP is 2,457 Mexican pesos (about 120 dollars at the current exchange). The process can be carried out online or in-person. Once the TradeMark has been registered before the MIIP, you can apply for the registration of that TradeMark on the international level. Mexico is part of the Madrid System. Therefore, the application is before the WIPO.
Among the elements to complete in the MIIP form: business name, address, date of presentation to the MIIP, TradeMark register number granted by the MIIP, products and services for which protection is asked. Then, you will state for how many countries you are asking protection for your TradeMark.
To continue, the person will make the payment of he fees before the WIPO, in Swiss Francs, which is the currency recognized by this organization. Once this is completed, the MIIP will send the application to the WIPO for evaluation.
And how is a TradeMark registered in Spain?
The Spanish Office of Patents and TradeMarks is the one in charge of registering TradeMarks in Spain. The procedure can be done in person or online.
The first step is to fill out the application form for registering a TradeMark. The information identifying the TradeMark are defined there, in addition to the applicant’s information. Then, proof of payment of the application fees must be presented. This tax is 126 Euros for a Class, and 82 Euros for the second Class.
Once the documents have been delivered, the Office can delay for up to 12 months while reviewing them and then register the TradeMark in Spain. In case there were problems with the documentation, the period can be extended up to 20 months. The national registration is valid for 10 years. After this period, you can renew the TradeMark for 10 more years. The renewal cost is 146 Euros for a Class and 98 Euros for the second Class, When the TradeMark is registered in Spain, it’s possible to request its international registration. To do this, you must deliver an application to the WIPO and pay their fee. Once this is done, the Spanish Office of Patents and TradeMarks will confirm whether the data in the application are the same as the national TradeMark.
If the WIPO accepts the request, it publishes the registration in its gazette. This registration also lasts a decade and can be renewed for 10 more years.
I hear it’s very different in the United States; how do I register my TradeMark?
In the United States, contrary to the large majority of the countries, the “first to use” method is applied. This means that the rights to a TradeMark belong to the legal or natural person to use it first. Starting from this, registering said TradeMark isn’t obligatory, but it is recommendable, because it helps to shed light on the ownership. Then, in this country having proof of a determined date, like the one offered by the TMPR system, is fundamental.
The United States Patent and TradeMark Office (USPTO) is the office in charge of registering TradeMarks in the United States.
To present the TradeMark registration application, it can be done online, through the TradeMark electronic application system (TEAS). There are three types of applications, the most usual being the so-called TEAS Standard. This costs 400 dollars and doesn’t require identification of the commercial TradeMark’s services or goods. Plus, there’s no need to pay the fee upfront, nor are there additional expenses. Once the application and proof of payment have been received, a USPTO examiner will review the file. The review process can take up to a year. In case of acceptance, the USPTO will grant an NOA (notice of allowance) certificate, where it will recognize the TradeMark registration. This registration is valid for 10 years; however, between the fifth and sixth years, it will be necessary to present a document specifying that the TradeMark continues to be used.
If there were any problems with the application, the examining lawyer will send a letter to the applicant, where he explains the reasons for denial. In these cases, the applicant will have up to six months to send a new form.
How does one proceed to register a TradeMark in Panama?
The Directorate General of Industrial Property of the Ministry of Commerce and Industries is the organization in charge of TradeMark registration in Panama. physical and legal persons may apply for different commercial TradeMarks in Panama, from products and services up to commercial and company names. Any of the following elements can be registered for a commercial TradeMark: names and words, images, drawings, shapes and even tastes. The process costs 140.50 balboas (equal in amount to American dollars) for each class in which the commercial TradeMark is registered. Plus, there is the fee for the lawyer who handles it.
Registering a TradeMark in Panama takes about 8 months. One distinguishing element of Panama is that they consider the registration date to be the moment in cui the process began, not when Directorate General reaches its determination. The validity of the national register will be ten years, although it can be renewed for other periods of an equal duration.
And how do you register a TradeMark in Colombia?
The Superintendence of Industry and Commerce (SIC) is responsible for registering a TradeMark in Colombia.
To register a TradeMark in Colombia, you must first prove that there is no similar TradeMark has been registered. Once this step has been complied with, the applicant, both as a physical and legal person, must fill out a form where the name of the TradeMark being registered, the class – according to the International Classification of Nice – of the products or services, as well as the description of those products or services appears. This application can be done online, through the SIC site.
In addition, the applicant will have to send the proof of payment of the fee set by the Superintendence: 969,680 Colombian pesos (some 254 dollars) for a commercial TradeMark registration of first or only class; plus, he will have to pay 484,680 Colombian pesos (some 127 dollars) for the application for an additional class.
Any person, physical or legal, who has registered a TradeMark in Colombia, may request, before the SIC, the international registration of said TradeMark. Colombia has been part of the Madrid System since 2012.
In Colombia’s case, the applicant doesn’t have to pay a fee before the WIPO for this international registration, but will also have to pay a fee of 52,600 Colombian pesos (14 dollars) to the SIC.
The process for international registration includes as the first step, presenting the application before the SIC. The lawyers review it, making sure that the application corresponds with the same data as the TradeMark inscribed in Colombia. Then, they send this file to the WIPO. Before that, the applicant must have paid both the WIPO’s and the SIC’s fees.
The WIPO will study the application to determine whether it complies with requirements requested in the Madrid Protocol. If all has gone well, the WIPO will register the TradeMark, and publish it in its Official Gazette. More, it will issue a certificate in favor of the applicant where it recognizes that he can count on an international TradeMark.
I’ve read these examples; so then, om a legal level, which will protect my TradeMark more?
It’s probable that, in the case of a national dispute, a judge will be more in favor of he who has registered his TradeMark in the intended public office. However, there may be other factors that determine a different judgement. The sure date is, without a doubt, the basis for a strong case. Learning to protect the identity of your business is fundamental. The right of TradeMark comes from the use of a name in the limits of commercial relations, from the moment in which it has acquired a particular commercial diffusion. A name, TradeMark, or logo acquires said validity when done in reference, exclusively and unequivocally, to a certain business. Moreover, there is also the level of the TradeMark’s popularity on the market. In other words, when the majority of the people connect a business with a name or logo, it has a high level of popularity and, therefore, of commercial validity and becomes apart of the mark of TradeMark rights.
Let’s remember that, for example, in the very United States TradeMark rights are guaranteed with the “first to use” method. So, a quick registration in the TMPR can help a lot in a contention.
TradeMarks notoriously known are also protected by TradeMark laws. According to the World Intellectual Property Organization (WIPO), this type of TradeMark “makes use of protection against symbols that are considered reproductions, imitations, or translations of said TradeMarks, always and when they run the risk of creating confusion in the sector pertaining to the public.” Said protection takes place even when there hasn’t been made any registration, like happens, for example, with the Corvette automobile TradeMark, which is a protected TradeMark although lacks a formal registration.
With the TMPR you have a register with a sure date, on the blockchain and internationally provable.