No separate trademark laws exist in the Netherlands, Belgium and Luxemburg.
As a general rule, the Industrial Property Law states that ownership of a mark is acquired through a granted registration.
Villaseca | Abogados
Trademarks are governed in Chile by the Industrial Property Law (19.039) and Law 20.160.
China Patent Agent (HK) Ltd
Natural persons, legal persons or other organisations that require exclusive rights to trademarks for their goods or services during production and business activities can apply for and own a mark.
Romero Pineda & Asociados
Rights in unregistered marks arise only where the relevant mark is sufficiently well known and this can be proved.
French trademark law confers no exclusive right to the owner of an unregistered mark.
COHAUSZ & FLORACK
Commercial designations are protected against newer identical or confusingly similar trade designations and trademarks once they are first used in Germany.
Dr Helen G Papaconstantinou and Partners Law Firm
Unregistered signs can constitute relative grounds for refusal and are protected under Articles 13 to 15 of the Law on Unfair Competition.
Anand and Anand
In India, trademarks are protected through a combination of both specific statutes (eg, the Trademarks Act 1999) and ancillary legislation.
Pearl Cohen Zedek Latzer Baratz
According to Israeli law, there is no specific use requirement for establishing the mentioned rights. Each case is judged on its own merits.
Nishimura & Asahi
The Trademark Act and its related regulations govern the registration and protection of trademarks in Japan.
Henry Goh & Co Sdn Bhd
Trademarks in Malaysia are governed by the new Trademarks Act 2019 and the Trademarks Regulations 2019, which came into effect on 27 December 2019.
Basham, Ringe y Correa SC
The current administration is planning on reforming the current legal framework.
Allen & Overy, A. Pędzich sp. k.
Poland’s legal regime of national trademark rights is regulated mainly by the Industrial Property Law (30 June 2000).
Baptista Monteverde & Associados
In general terms, trademark rights are only acquired through registration. Unregistered marks cannot award exclusive rights but can eventually be enforced on the grounds of unfair competition.
Nestor Nestor Diculescu Kingston Petersen
The Romanian trademark system is based on the first-to-file principle and registration is possible without the need to show genuine use.
Popović Popović & Partners
All natural or legal persons involved in trade can apply for and own a mark. It is not necessary to prove such activity.
Grau & Angulo
Distinctive signs are principally governed by the Trademark Act (17/2001), which has been partially modified by Royal Decree-Law 23/2018 in order to incorporate EU Directive 2015/2436, and it is complemented by Royal Decree 687/2002.
Establishment through use of a mark will give the same protection as if the mark is registered; however, the bar is set high for demonstrating establishment through use.
Meisser & Partners AG
Any natural or legal person can apply for trademark registration in Switzerland (restrictions apply to geographical marks).
The processing time from initial filing to registration of national applications is approximately six to eight months in case of no office actions or oppositions.
Apio, Byabazaire, Musanase and Company Advocates
Uganda does not allow owners of unregistered trademarks to institute proceedings for the prevention or recovery of damages.
Penningtons Manches Cooper LLP
The United Kingdom left the European Union on 31 January 2020, triggering a transition period until (at least) 31 December 2020. During this period, the United Kingdom will continue to follow EU rules and regulations
Lewis Roca Rothgerber Christie LLP
Trademarks that are used in interstate commerce, or foreign commerce that affects commerce in the United States, are eligible for federal and state registration. However, these requirements have been construed very broadly.