How to register a trade mark at the national level or renewing its protection
- Principle and conditions
- Identifying the products and/or services
- Checking availability of the trade mark
- If required, obtaining the official documents
- Obtaining the application forms
- Completing the application to register a trade mark
- If required, completing a power of attorney
- Collating the documents
- Submitting the application and paying the fees
- Registring the trade mark
- Renewing your trade mark
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
Principle and conditions
Trade marks come in a variety of forms. They may be verbal (words, a slogan, numerals, letters, etc.), figurative (a logo, graphic design, etc.), or a combination of the two (graphic design and name or name integrated within a graphic design or logo).
They provide a true visual showcase, enabling companies to increase their visibility and stand out from their competition. The primary role of a trade mark in a company’s economic and commercial growth policy makes it a critical tool which should be protected.
Registering a trade mark with the Intellectual Property Division of the Business Development Agency will give 10 years of national protection, which can be renewed. Protection involves granting the trade mark owner a monopoly on its use so that they can capitalise on the mark and take action to prevent any unauthorised use.
Once it is registered, the trade mark is protected in Monaco for a period of 10 years, renewable indefinitely. This protection gives the trade mark’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.
Registering a trade mark is, however, subject to certain conditions of issue which are set by the Intellectual Property Division. The following cannot be registered as trade marks:
- 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
Finally, the mark chosen must be available. Please note: it is not the responsibility of the Intellectual Property Division to check whether a trade mark is available. It is therefore highly recommended that you conduct a prior rights search (for more information, see paragraph 2 below).
Identifying the products and/or services
Before submitting an application to register a trade mark, you should identify the products and/or services which will be covered by the trade mark. These products and services are classified using the classes of the international Nice Classification. This choice is very important insofar as it defines the scope of protection of the trade mark. It is therefore important, prior to the application, to know what you intent to do with the trade mark, 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 Liste des classes selon la Classification de Nice , an exhaustive version of which is available on the WIPO (www.wipo.int/mgs )
Checking availability of the trade mark
Once you have selected the relevant classes, it is strongly advised, in the interests of avoiding any future dispute, that you check that the mark is available. It is therefore important to request a prior art search, subject to payment of the related duties:
- At the Intellectual Property Division, to check that no identical or similar trade marks have been registered in identical or similar classes of products and/or services
- With the Trade and Industry Register, to check that there are no identical or similar company or brand names in an identical or similar business sector to the selected products and/or services
The analysis of the results of the search and the choice of whether or not to apply for registration of the trade mark 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).
PLEASE NOTE: The absence of prior art does not guarantee that a trade mark 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.
If required, obtaining the official documents
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 right of priority, the applicant must indicate it specifically in the application for registration of the trade mark and attach the official copy of the first application. If this copy is not in French, it must be accompanied by a translation.
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.
Obtaining the application forms
Completing the application to register a trade mark
A step-by-step guide to completing the application to register a trade mark can be found in this leaflet (French only):
If required, completing a power of attorney
When the person who is applying to register a trade mark is not able to complete the procedures with the Intellectual Property Division personally, he or she has the option of choosing to be represented by a third party, who will be responsible for carrying out the formalities associated with filing the application. A decision to be represented by a third party must be formalised via a power of attorney.
Two types of power of attorney are accepted by the Intellectual Property Division:
- The general power of attorney template, which authorises the representative to represent the principal in all matters pertaining to a trade mark
- The special power of attorney template, which authorises the representative to represent the principal in a specific procedure
A step-by-step guide to completing the power of attorney form can be found on the document.
Collating the documents
The following documents must be submitted to the Intellectual Property Division when filing an application to register a trade mark:
- An application to register a trade mark (two copies)
- If required, a power of attorney (special or general)
- If required, the priority document and its translation
- If required, the reciprocal document and its translation
Submitting the application and paying the fees
The application must be filed at the Intellectual Property Division. Application by post or fax is not allowed.
Protection duties may be paid:
- In cash
- By cheque made out to the Public Treasury
- By bank transfer, specifying the purpose of the transfer (See Bank acounts details, in French only Relevé d'Identité Bancaire )
For information, protection duties are as follows:
- €100.00 euros per trade mark and up to three classes of products or services for a first application
- €150.00 per trade mark and up to three classes of products or services for a renewal
- €30.00 per trade mark and per class of products or services after the third class
On receipt of the application and payment, the Intellectual Property Division issues a receipt to the person who filed it.
Registring the trade mark
The trade mark is registered no later than three months following the date on which the application was filed, providing that the conditions for issue have been met. A certificate of registration is then issued to the person who filed the application.
The registration is published in the quarterly appendix to the Journal de Monaco. This official publication notes:
- The graphic design of the protected mark
- The date of application and registration
- The registration number
- Contact details for the owner
- The classes in which protection has been applied for
- A description of the designated products and services
- Where appropriate, a description of the specific features of the trade mark
- Where appropriate, references to the priority or priorities claimed
Renewing your trade mark
The protection of the trade mark 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.
To renew trade mark protection, you will need to submit to the Intellectual Property Division an application to renew the trade mark (this is subject to the same requirements as the application to register the trade mark and can be downloaded here, in French only, " Demande de renouvellement de Marque (355-0067_02-2018) "), accompanied by payment of the regulatory fees and, if necessary, one of the above-mentioned powers of attorney.
- The person filing the application must indicate the trade mark registration number in the top right section of the renewal application
- The graphic design of the trade mark cannot be modified
- The scope of protection (designation of products and/or services) in the previous application may be reduced but not expanded or modified, except in cases where the Nice Classification has been updated
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