Procedure How to register a trademark at the national level or renewing its protection

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Contact details

Direction de l'Expansion Économique

9 rue du Gabian
MC 98000 MONACO

Intellectual Property Division :
(+377) 98 98 84 90

Fax : (+377) 92 05 75 20

Opening Hours : from 9h30 to 17h00 from monday to friday

Send us an email

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Direction de l'Expansion Économique

9 rue du Gabian
MC 98000 MONACO

Opening Hours : from 9h30 to 17h00 from monday to friday

Phone : (+377) 98 98 98 00

Fax : (+377) 92 05 75 20

Send us an email
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Principle and conditions

Principles

Trademarks are the showcase of any company insofar as they designate products and services and distinguish them from those of competitors.

Trademarks may, subject to payment of the related duties, be filed at the Intellectual Property Division, in view of their registration.

Once it is registered, the trademark is protected in Monaco for a period of 10 years, renewable indefinitely.  This protection gives the trademark’s owner an exclusive right to exploitation since the latter has the right to prohibit third parties from using the filed and duly registered sign. 

Conditions

The trademark is a sign that can be graphically represented.  It can thus contain a phrase (words, slogan, numerals, letters…), be figurative (logo, drawing…), or semi-figurative (drawing and name or name included in a drawing or logo).

To be eligible for registration by the Intellectual Property Division, the trademark must meet the legal requirements for issuance.

Hence, a trademark will not be registered if:

  • It is contrary to public policy or to accepted principles of morality 
  • It is protected by the Article 6ter of the Paris Convention , the list of which is available on the WIPO website
  • It expressly designates the products and/or services for which registration is sought
  • It contains details likely to mislead the public
  • It expressly describes the type, quality, quantity, intended purpose, value, place of origin or period of production of the products and/or services for which registration is sought

6

Preparing a description of the products and/or services

The applicant must select the products and/or services concerned by the trademark.  These products and services must be identified by class.  This choice is very important insofar as it defines the scope of protection of the trademark.  It is therefore important, prior to the application, to know what you intent to do with the trademark, in the short and medium term. 

To facilitate this selection, the Intellectual Property Division puts at your disposal a simplified version of the Nice Classification. See   Download file Liste des classes selon la Classification de Nice Liste des classes selon la Classification de Nice , an exhaustive version of which is available on the WIPO website .

Once the choice is made, it is important to insert the products and/or services in the relevant section of the form “explanatory note and trademark model” designed for this purpose, and these must be preceded by the corresponding class number. 

1

Checking availability of the trademark

Prior to filing an application for registration of a trademark, it is strongly advised to check that the said trademark is available, to avoid any subsequent disputes.  It is therefore important to request a prior art search, subject to payment of the related duties:

  • Firstly, at the Intellectual Property Division, to check that no identical or similar trademarks have been registered in identical or similar classes of products and/or services
  • Secondly, at the Trade and Company Directory, to check that there is no identical or similar company name or brand in an identical or similar sector of activity

The analysis of the results of the search and the choice of whether or not to apply for registration of the trademark is the sole responsibility of the person requesting the searches (in some cases, given the complexity of the analysis, the assistance of an Intellectual Property attorney may be recommended).

The absence of prior art does not guarantee that a trademark will be registered by the Intellectual Property Division, insofar as the latter may, after processing the application for registration, consider that the legal conditions for issuance are not met. 

3

Obtaining the application forms and the power of attorney, if applicable

To obtain the forms and the power of attorney, you can either:

  • Download them here:

Download file Demande d'enregistrement de Marque (355-0039_01-2015) Demande d'enregistrement de Marque (355-0039_01-2015)

Download file Notice explicative et modèle de la marque (355-0041_01-2011) Notice explicative et modèle de la marque (355-0041_01-2011)

  • Or collect them from the Intellectual Property Division

 

For detailed instructions, see the «  Download file Notice explicative demande d’enregistrement de marques Notice explicative demande d’enregistrement de marques ».

Powers: 

  • Special power of attorney: i.e. a power of attorney authorising the representative to intervene solely for the purposes of the concerned registration.  Download file Pouvoir ( 355-0033_01-2014) Pouvoir ( 355-0033_01-2014)
  • General power of attorney: i.e. a power of attorney authorising the representative to represent the applicant generally and for all types of procedures.  Download file Pouvoir  spécial (355-0034_01-2016) Pouvoir spécial (355-0034_01-2016)

2

Obtaining the necessary official documents

Priority :

Monaco is a member of the Paris Convention. It is therefore possible to claim priority - the date - of a first registration in another Member State.  This right of priority is subject to the condition that it is claimed within 6 months as from the date of the first registration.

To claim this priority, it is important that the official copy of the first registration be provided to the Intellectual Property Division and that this is expressly specified in the application form “notice explicative et modèle de la marque” under the section “caractéristiques particulières”.  If these documents are not in French, they must be submitted along with their translation. 

Réciprocity :

If you are not domiciled or established in Monaco and you are not a citizen of a Member State of the Paris Convention, you need to submit to the Intellectual Property Division, the proof of reciprocal protection granted by your country of origin to citizens of Monegasque nationality. 

4

Filling in the application form and the power of attorney, if applicable

The application form must be:

  • Dated as of the day of application
  • Filled in by hand in block letters or typed
  • Signed by the applicant (owner or representative)

The power of attorney must be:

  • Dated
  • Signed in original by the principal (owner) and the signature must be preceded by the handwritten statement “Good for power of attorney”
  • Signed in original by the representative and the signature must be preceded by the handwritten statement “Good for acceptance of power of attorney”.

5

Filling in the form “Notice explicative et modèle de la marque”

The form “notice explicative et modèle de la marque” must be:

  • Dated as of the day of application
  • Filled in by hand in block letters or typed
  • Signed in original by the applicant (owner or representative):
  • Submitted in four copies

The form may be photocopied but each copy must be signed, in original, by the applicant (owner or representative). 

7

Collating the documents

The documents to be provided are as follows:

  • A “Demande de dépôt” form
  • Four copies of the form “notice explicative et modèle de la marque”
  • A power of attorney (special or general), if applicable
  • Where applicable, the priority document and its translation
  • Where applicable, the reciprocal document and its translation

8

Submitting the application

The application must be filed at the Intellectual Property Division.  Application by post or fax is not allowed.

Where the legal conditions are met, the trademark is issued at latest within three months following the date of application.

This issuance is published in the quarterly Annex of the Journal de Monaco.  This official publication mentions:

  • The graphical representation of the protected trademark
  • The date of application and issuance
  • The issuance number
  • The contact details of the owner
  • The classes in respect of which protection has been requested
  • A description of the designated products and services
  • Where necessary, a description of the colours of the trademark, when these are claimed
  • Where applicable, the references of priority(ies) claimed

9

Planning a payment method

Protection duties may be paid:

  • In cash
  • By cheque made out to the Public Treasury
  • By bank transfer, specifying the purpose of the transfer (re  Download file Relevé d'Identité Bancaire Relevé d'Identité Bancaire  )

For information, protection duties are as follows:

  • €63.00 per trademark and up to three classes of products or services
  • €18.00 per trademark and per class of products or services after the third class

 

Renewing your trademark

The protection of the trademark can be renewed indefinitely for a further 10-year period, as of the date of the first registration or, at the latest, within six months of this date, subject to the payment of supplementary duties.

The application should include the same documents as the first application for registration and should be submitted to the Intellectual Property Division. However, on the top left of the “Demande de dépôt” and “notice explicative et modèle de la marque” forms, the applicant should add the references relating to previous registrations (dates of registration and issuance numbers).

NB: Upon renewal, the graphical representation of the trademark cannot be changed. The scope of protection (description of the products and/or services) of the previous registration can be reduced but it cannot be modified or enlarged unless the Nice Classification has been updated.

Last update: 25/04/2017

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