LexDellmeier in the past eight months has developed and now launched "BenBot" – version 1.0 – a chatbot who assists in answering questions relating to EU trademark applications. Special features include an identical search, automatic classification of goods and services and overall costs. Find BenBot on the landing page of the website www.lexdellmeier.com.

Want to know more about BenBot. Here are some Q's and A's in a nutshell:

 

 

Q: What can BenBot assist with?

A: BenBot helps answer basic questions relating to EU trademarks. You can enter your trademark, BenBot asks what products or services you wish to protect and automatically classifies them. And, BenBot can do an identical search for word marks. In addition, the costs relating to an EU trademark application are calculated.

Q: Does the use of BenBot cost anything?

A: No. BenBot is free of cost and available 24/7. Therefore, the chatbot is great for start-ups or international clients who are in different time zones and want to get a quick and easy overview about EU trademark applications. Weiterlesen über Who is "BenBot"? LexDellmeier’s chatbot for EU trademark applications!

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There are two possibilities:

-    Application and registration at the GPTO (DPMA)/ OHIM / WIPO (so called Registered Designs). After application and registration, the design provides protection for 5 years, at first. Afterwards, the protection can be maintained, up to a maximum term of 25 years, by paying the obligatory extension fees every 5 years.

-  No registration, but commencement of use. The right automatically emerges with its publication (meaning: an exhibition, offering it for sale, a press release) EU-wide, with a term of protection of 3 years (so called Non-Registered Design).

Read why you need us to help you with the registration of a design.

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A design is a commercial property right, which assigns an exclusive right of use for an esthetic design - meaning the outer appearance of products - to its proprietor.

As designs, you could protect:

Two- or Three-dimensional appearances, with a certain design or color, form, shape, material, logos, icons, surface structure (e.g. the outward appearance of a mobile phone, an electrical device, a handbag, a lamp etc.).

BUT: No computer programs, no appearing attributes that only depend on their technical function, or those having to be rebuilt to enable the construction of another product.

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™  is the abbreviation of „Trademark“;

®  is the abbreviation of „Registered“

In Germany those symbols do not constitute a trademark but a registration is required. The use of these symbols is though only permitted in relation to a registered trademark. Otherwise there is an infringement of Competition Law.

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A trademark is obtained in most countries via a registration (not mere use). The protection of a  trademark covers only the territory and the goods and services for which the trademark was registered.

On a territorial level there are different  possibilities:

-     Application and registration at the German Patent and Trademark Office (GPTO) in Munich for German trademarks (http://www.dpma.de/).  German trademarks can claim protection in Germany only

-     Application and Registration at the Office for Harmonization in the Internal Market (OHIM) in Alicante, Spain, for Community Trademarks (http://www.oami.eu/).  A Community Trademark or EU-Trademark covers all EU Member States (currently 27)

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A trademark is a sign protected by law, serving to distinguish goods and services of one enterprise from those of another. Besides it implies the following functions of:

-  origin

-  communication

-  guarantee

There are different types of trademarks:
-  Expressions, letters or numbers  (wordmark),

-  A picture or logo (figurative mark), as well as the combination of words and pictures (word-design mark);

-  A color or a combination of colors (color mark);

-  Three-dimensional shapes (3-D-mark),

-  Radio-jingles or a combination of a melody (sound mark);

-  Slogans and even gestures (move mark)

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