Monaco (MC)
Legal basis is the Trademark Act of June 10th, 1983, in force since October 1st, 1983.
Monaco is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration. It can also be acquired by use, if this use has allowed the trademark to become well-known.
Nice classification, 10th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs. Sound marks and olfactory marks are not registrable.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks, titles of establishment and trade names.
The application is filed at the Patent Office. The application must be in French.
Multiple-class applications are possible.
Foreign applicants do not need a local agent. Trademark application must be filed in person by the applicant or a representative.
The designation of a common local agent is compulsory for trademark with co-owners.
A non-legalised power of attorney in French is sufficient. The Office needs the corresponding original version. In the negative, an objection will be raised with an 8 calendar days deadline to submit the document.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and an examination of distinctiveness. The trademark office does not check the prior marks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The timing to obtain registration is maximum 3 months. After registration, the trademark is published black and white in an annex of the quarterly “Journal de Monaco” Intellectual Property Section.
There is no use requirement in Monaco.
National:There is no opposition procedure at the registry. A court action is required to cancel a mark.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is EUR 63.00 for up to three classes and EUR 18.00 for each additional class. There are no registration and publication supplemental fees.
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Practical details on trademark licensing are available in our publication
here.
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