LUXEMBOURG Law and Practice Contributed by: Romain Tiffon and Marie Bentley, ATOZ Tax Advisers
7.2 Trade Marks Definition
• European patent applications filed with the Euro - pean Patent Office (EPO), which can provide protection in multiple European countries through a centralised application procedure; and • international patent applications filed under the Patent Cooperation Treaty (PCT) administered by the World Intellectual Property Organization (WIPO). The patent is valid in the countries where such protec - tion has been requested. An applicant who first files a patent application in Luxembourg benefits from a 12‑month priority period, during which corresponding applications may be filed in other jurisdictions while preserving the original filing date. The filing of a Luxembourg patent application is subject to prescribed fees, including a filing fee of EUR40, payable within one month of filing, and, where requested, a search fee of EUR450 for the preparation of a search report. Applicants may also request early publication of the patent application to accelerate the grant process, subject to payment of an additional EUR49 fee. Following grant, the patent remains in force only if the applicable annual renewal fees are paid. Enforcement and Remedies The owner of a patent, or, where the owner fails to act, a licensee entitled to use the patent, may bring infringement proceedings before the Luxembourg courts. Where infringement is established, the Lux - embourg District Court may grant a range of remedies, including: • injunctive relief to prevent or cease the infringing activities; • confiscation or destruction of infringing goods; and • an award of damages to compensate the patent holder for losses suffered as a result of the infringe - ment. These remedies are intended both to halt unlawful use of the patented invention and to compensate the rights holder for the harm caused by the infringement.
A trade mark is a distinctive sign used to identify and distinguish the goods or services of one undertaking from those of another. It serves as an indicator of com - mercial origin and may take various forms, including word marks, figurative marks, combined word and figurative marks, and three-dimensional marks. Registration Process Any sign capable of being represented in a manner that enables the competent authorities and the public to determine clearly and precisely the subject matter of protection may qualify for registration, provided that it is capable of distinguishing the goods or services of one undertaking from those of another. Eligible signs include, among others: • words; • slogans; • letters;
• numbers; • drawings;
• shapes; • colours; • sounds; and • combinations thereof.
However, a trade mark will be denied registration, or may subsequently be declared invalid, if it lacks distinctive character, is contrary to public policy or accepted principles of morality, is misleading as to the nature, quality or origin of the relevant goods or services, cannot function as a trade mark, or con - flicts with an earlier registered trade mark or other prior right. A trade mark may be registered by any natural or legal person, including individuals, self-employed persons, companies and other entities. Upon registration, the proprietor obtains the exclusive right to use the trade mark in relation to the goods and services for which it is registered. The owner of a registered trade mark enjoys the exclusive right to use the mark and may prevent third parties from using identical or similar signs that are likely to cause confusion among consumers. Protec -
616 CHAMBERS.COM
Powered by FlippingBook