|antigüedad de la marca española |
seniority of the spanish trademark
Antigüedad with respect to trademarks is always translated as seniority. "Fecha de antigüedad reivindicada" = "Date of seniority claim"
The definition of seniority and examples of its use (in Spanish and English are shown below:
The seniority system can be described as the possibility of "merging" earlier, identical trade mark registrations in EU Member States into Community trade marks. It provides a major incentive for trade mark owners who already own a prior trade mark registration in one or several EU countries to switch from their national trade marks to the Community trade mark system.
The basic concept of seniority is described in Article 34 (1) and (2) CTMR:
"(1) The proprietor of an earlier trade mark registered in a Member State, including a trade mark registered in the Benelux countries, or registered under international arrangements having effect in a Member State, who applies for an identical trade mark for registration as a Community trade mark for goods or services which are identical with or contained within those for which the earlier trade mark has been registered, may claim for the Community trade mark the seniority of the earlier trade mark in respect of the Member State in or for which it is registered.
(2) Seniority shall have the sole effect under this Regulation that, where the proprietor of the Community trade mark surrenders the earlier trade mark or allows it to lapse, he shall be deemed to continue to have the same rights as he would have had if the earlier trade mark had continued to be registered."
The legal fiction of seniority enables trade mark owners to maintain the priority of their national trade mark registrations without maintaining the trade marks themselves - this provides the enormous financial and administrative advantage of maintaining the national trade mark rights without having to renew them.
Example with respect to Community Trademarks:
Applicants for registration of a CTM may in addition own national registrations in a Member State for the same trademark for the same goods or services. However, in order to avoid a duplication of registrations, but not to loose the earlier national registration date, the applicant can claim what is called “seniority” of his earlier national trademark registration for his later CTM registration. The effect of seniority is that if and when an earlier trademark is surrendered or allowed to lapse, the rights provided by this prior trademark are maintained in the Member State of its national registration, provided the CTM is in force. A claim to seniority based on one or more national registrations may be made either in the application for the CTM or within two months of filing the application. It is, however, also permissible to claim seniority even after registration of a CTM.
Here you see how seniority and antigüedad are used with regard to the Community Trademark, in all official languages of the Community Trademark Office, including English and Spanish:
"Si no satisfacen las condiciones relativas a la reivindicación de la antigüedad de una marca nacional, ya no podrá invocarse para la solicitud ese derecho de reivindicación".
"Sind die Voraussetzungen für die Inanspruchnahme des Zeitrangs einer nationalen Marke nicht erfüllt, so kann deren Zeitrang für die Anmeldung nicht mehr beansprucht werden".
"Failure to satisfy the requirements concerning the claiming of seniority of a national trade mark shall result in loss of that right for the application".
"S’il n’est pas satisfait aux conditions relatives à la revendication de l’ancienneté d’une marque nationale, ce droit de revendication ne pourra plus être invoqué pour la demande".
"Qualora non siano soddisfatte le condizioni relative alla rivendicazione di preesistenza di un marchio nazionale, tale diritto di rivendicazione non potrà più essere invocato per la domanda".
Example from the United States Patent and Trademark Office:
Seniority. An applicant designating the European Community may claim seniority of one or more earlier registrations in or for a Member State of the European Community for the same mark covering the same goods or services in the international application by indicating the following four elements: (1) each Member State in or for which the earlier mark is registered; (2) the date from which the registration was effective; (3) the registration number; and (4) the goods/services covered by the earlier registration (Common Reg. 9(5)(g)(i)). The information must be submitted on the IB’s official MM17 form. The MM17 form should be annexed to the international application form.
Example from the UK Patent Office (which also registers trademarks):
Seniority number(s): The number of the application(s) from which seniority is claimed
Note added at 1 day 2 hrs 23 mins (2005-06-21 22:00:43 GMT)
There seems to be some confusion here between patent and trademark. If the passage you cite refers to \"marca española por transformación\", it does not refer to the transfer or to the term of a patent, but rather to the transformation of (usually, I would need more context to be sure) an international trade mark application, which for some reason has been rejected, into a Spanish trademark application. This process is explained below:
The dependence of the international registration on the basic application(s) or registration(s) was also eased under the Protocol. Under the Protocol, the international registration still remains dependent on the basic application or registration during the first five years from the date of the international registration, so that if the basic trademark application or registration is refused by the Office of Origin, is cancelled, renounced, revoked, invalidated or has lapsed, either in whole or in part, during this period of time, or subsequently as a result of an action commenced during this time, the international registration and all of its extensions will likewise be affected. However, the Protocol introduced the concept of “transformation,” whereby the trademark owner may, within three months of the date of cancellation of the international registration, file national applications directly with the local Trademark Offices to replace the cancelled extensions, or portions thereof, and claim the benefit of the original priority date of the international registration.
| Rebecca Jowers|
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Native speaker of: English
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