The current trademark regulations in Monaco are mainly based on the Trademark Law No. 1058 of June 10, 1983. The Monaco Patent Office is responsible for managing trademark affairs and the official language is French; Monaco is the second smallest country in the world after the Vatican. The trademark registration in Monaco follows the principle of "application first". Trademark registration is not mandatory, but for better protection or renewal, it is best to register in accordance with the law.
Monaco is a signatory to international intellectual property treaties such as the Paris Convention, the Convention Establishing the World Intellectual Property Organization, the Nice Agreement, the Trademark Law Treaty, and the Vienna Agreement. It is also a member of the Madrid Agreement and the Madrid Protocol, and trademark registration can be processed through "single country registration" or "Madrid international registration".
At present, the Monaco Patent Office adopts the Nice Classification 11th edition for the description of goods and services and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Monaco include: text, letters, numbers, graphics, slogans, colors, color combinations, three-dimensional shapes, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Monaco must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a Monaco trademark is: application - examination - approval and issuance of certificates. The application will be accepted approximately one week after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark and whether it violates the prohibition and prohibition clauses. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, registration can be granted and a registration certificate can be issued.
If everything goes smoothly, trademark registration in Monaco takes about 5 months; If it doesn't go smoothly and encounters rejection, the time will be greatly extended.
The Monaco trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Conflict with prior trademarks, such as ownership of prior registered trademarks or prior use of unregistered trademarks;
2. Trademarks are descriptive;
3. The trademark lacks distinctiveness;
4. The trademark has adverse effects;
5. Well known trademark;
6. Malicious registration;
7. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc;
8. Common name;
9. Geographical indications;
10. Unauthorized use of logos;
11. Violating public order and good customs.
The application for invalidation or revocation of a trademark must be submitted to the court within 5 years after the trademark application, and malicious registration is not subject to this time limit.
Since registering a trademark in Monaco is considered 'in use', revocation of non use does not apply in Monaco.