Trademarks Requirements

• Power of Attorney and Notarial Certificate: Notarized and legalized by Apostille. This document can be filed belatedly, and must be filed with in the deadline of 60 working days counting from the date of the official action requesting same. There is no extension of time. If the requirements of the official action is not fulfilled the application will be declared abandoned. One validly granted Power of Attorney is sufficient for all future matters (both patents and trademarks) in the name of the same applicant (at the same domicile).
  NOTE: Please be aware that if the Power of Attorney is not legalized in accordance with the notarial certificate as per form enclosed, a document evidencing the legal existence and legal representation of the grantor (Certificate of Incorporation) will be required.
• Specimens: If the mark is other than a word mark, 10 specimens of the mark, in color, if color is to be claimed.
• Priority Document: Un-legalized certified copy of the priority application if convention priority is to be claimed. Must be filed within 90 days counting from the local filing date.
• Goods and Services: The International Classification of goods and services is in force.
• Use: Prior use of the mark in commerce is not a requirement for the filing, granting or renewal of a trademark registration. After granted, the use of the mark is required in any of the member Andean Countries (Bolivia, Colombian, Ecuador, Peru and Venezuela) otherwise it will be subject to cancellation. A trademark registration will be canceled if it is not used in the three-year period prior to the filing date of the cancellation action. There is no specific requirements which must be met with the local PTO as regards use, and proofs are only required in the event of a possible cancellation action.
• Maintenance: There are currently no maintenance fees due during the term of validity of a trademark registration, other than the timely renewal of same.
• Term: 10 years counting from the date of filing, renewable for like periods. The renewal must be filed within the six months before the expiration of the 10-year term, or within the six-month grace period following its expiration. The only documentation required for renewal is a Power of Attorney.

Announcements

INTA Leadership Meeting - Miami Beach, Florida

We would like to inform you that Mr.  Felipe Rubio will be attending the INTA Leadership meeting which will take place in the second week of November from the 9 - 12. If you would like to meet to discuss any outstanding matter, please feel free to contact us at mail@rubiolawyers.com

 Attorney Fees

Please note that beginning January, 2012 our firm will be adjusting its schedule of fees. If you would like to recieve the schedule in advance, please feel free to contact us and we will be happy to send it to you. 

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