FAQ’s
TECHNOLOGY & ADMINISTRATION
What can I do if my login is no longer working?
Check first please if the login data has been entered correctly. If this is the case and the login still does not work please contact us directly by phone or email: info@polymark.de
Am I allowed to give my login data to one or more colleagues?
Yes, you are welcome to do that. Please note that the accounts are always tied to a specific company or law firm named in the contract but can be also used by colleagues at different locations.
How can I request a new account?
If the free trial access has convinced you then you can book our respective packages directly online. Or you simply contact us by phone or email: info@polymark.de
How does the billing work?
Basically we work with time-limited flat rates. The annual flat rate is billed at the time of booking. Daily or weekly flat rates however after the period of use.
Can I convert my weekly or daily flat rate into an annual flat rate?
This is possible. If you decide to convert to an annual flat rate within one month the costs incurred so far will be offset.
Does my annual flat rate automatically end after 12 months?
No the flat rate is automatically extended for another year. If you no longer want to use POLYMARK the period of notice is six weeks before the end of the contract.
Do I have to sign a contract to use POLYMARK?
The use of POLYMARK is always based on our terms and conditions. For the annual subscription a usage contract is required additionally. For the short term packages it is sufficient to accept our offer and the terms and conditions in writing (by email).
Can I have a training on POLYMARK for my company?
We offer web training courses and adapt them to your individually needs.
Are help files available?
A help file for POLYMARK can be found here (Help POLYMARK).
Service
Does POLYMARK also offer individual search services?
Yes of course. If you cannot allocate your own resources or do not want to conduct your search by yourself we are happy to help with our individual search or monitoring service which you can book at any time.
Which search packages can I book?
Name law is complex and its individual components are closely interlinked. For example a company name search can be positive before assigning your own company name but an already registered trademark could nevertheless lead to a violation of a name right.
In order to protect against abuse and collisions in naming rights we recommend our search packages which include the following services:
• Word mark search
• Company name searcj
• Domain name search
• Title protection search
• Image and design search (for logos)
The complete service provides a comprehensive overview of the legal naming situation. Of course the individual types of searches can be combined individually.
For the domain name search we check the intended domain name for identity or similarity with existing domains or for collisions with other legal situations on the Internet. We search nationally or internationally registered domains for you.
For the title protection search labels of print and electronic media of all kinds must be checked. This search includes books, magazines, films or television works, but also plays, events and software programs. The title protection arises automatically with the publication of the work and is regulated in the trademark law. We search the relevant databases for title protection, magazines, book titles, films, music titles and television productions and provide a list of the identified or similar titles with details of the address, source or ISBN, broadcast date or publication date.
DATABASES
Which databases does POLYMARK provide?
POLYMARK uses and refines the databases of the following offices:
Benelux BOIP
Bulgaria BPO
Malta CD-IPRD
Denmark DKPTO
Germany DPMA
Croatia DZIV
Estonia EPA
European trademarks EUIPO
Greece GGE
Hungary HIPO
Ireland IEIPO
Switzerland IGE-IPI
France INPI
Portugal INPIPT
Czech Republic IPOCZ
Latvia LRPV
Spain OEPM
Austria OPA
Romania OSIM
Poland PPO
Finland PRH
Sweden PRV
Slovenia SIPO
Slovakia SKIPO
Italy UIBM
Great Britain UKIPO
Lithuania VPB
Worldwide trademarks WIPO
How often is the data updated?
All databases are normally updated on a daily basis or at least two times a week.
Will the data be processed by POLYMARK?
In order to ensure that all relevant data is found with every search the various databases are refined, supplemented with text and Vienna Classes (image classes) and harmonized.
RESEARCH & MONITORING
Who are the users of POLYMARK and for which kind of searches it is intended?
POLYMARK is used by patent attorneys and lawyers, legal and trademark departments of industrial companies, designers and product developers, search service providers and public institutions. They use POLYMARK to carry out extensive trademark, design and name searches e.g. to find out about existing trademarks before new product developments.
It is also used to monitor existing trademarks, designs and competitors.
What is trademark law?
Trademark rights can exist on a National, European and international level. A distinction is made between word marks (the written name) and figurative marks, for example the graphical representation of a logo. Accordingly, there are National trademarks, EU trademarks and IR trademarks.
In order to effectively protect trademark rights, the first step is to determine the likely territorial scope of the future trademark owner. With regard to activities in the globally accessible Internet, it can make sense to extend trademark protection beyond your own country.
In a second step, a trademark search has to be conducted within the countries you want to gain protection in order to determine whether older trademark rights already exist there.
If this is not the case, the third step is to tailor the trademark to the special needs of the future brand owner. This involves both the selection and design of the trademark itself and its correct classification based on the classification of the goods and services, so that the brand applicant is optimally protected in his future activities with the trademark.
Finally, in the last step, a trademark application can be worked out for the brand name selected in order to deposit it at the concerned trademark office. Now you have to wait for the three-month objection period before the trademark becomes formally final and can be used in business transactions – the ® mark can now be added to the brand name. Upon successful completion of the registration process, the applicant receives a trademark certificate.
The term of protection of a registered trademark is ten years in accordance with Section 47, Paragraph 1 of the Trademark Act (MarkenG). It begins with the filing date. The term of protection can be extended by ten years (Section 47 (2) of the Trademark Act). The extension of the term of protection is effected by paying a renewal fee and, if the renewal is requested for goods and services that fall into more than three classes of the classification of goods and services, a class fee is paid for each additional class (Section 47 para. 3 Trademark Act).
What kind of searches can you conduct with POLYMARK?
1. Identity search:
In scope of this type of searches, we identify identical trademarks. The search result includes the list of all trademarks legally valid in the respective country. Characters that have additions to the given term are also taken into account (e.g. POLYMARK, POLYMARKs). This search is needed to identify trademarks which are no longer available for registration and which can directly lead to an opposition of an application.
2. Similarity search
The majority of disputes are based on trademarks with a similar name. We identify names of products and services that have the same word stem, a similar spelling or a phonetic similarity.
3. Image/figurative and word-figurative trademark search
This includes a search for images and image elements such as symbols, emblems, logos or pictorial (figurative) fonts. In the case of a figurative or word-figurative trademark, we carry out two separate searches, namely one for the word- and one for the image component. In addition, POLYMARK also includes an automated image similarity search.
4. Owner search
To get an overview of competitor’s trademarks, we recommend this type of search. For owner searches, we use country-specific databases and list the available information in a clearly report. The list contains all relevant owner names including abbreviations.
What is meant by trademark monitoring?
New registrations can infringe existing trademark rights. For this reason, it is advisable to continuously monitor your own trademark portfolio. Timely information is of particular importance if you monitor your trademarks on a regular basis, especially with regard to short objection periods. We use POLYMARK to monitor trademarks on a customer-specific search profile for all EU27 trademark offices plus EUIPO, WIPO, Great Britain and Swizterland.
In addition we set up further trademark surveillances in other third countries.
According to a jointly agreed monitoring rhythm we immediately and automatically provide information about identical or similar trademark registrations in the relevant classes of goods and services. In this way we facilitate the flow of information for you with regard to possible trademark infringements.
If you have subscribed to POLYMARK for a yearly flat rate a monitoring service for 250 automated search profiles (alerts) is already included. You can set up your alerts by yourself. The system carries out the monitoring automatically according to the customer’s settings.
The corresponding results are stored chronologically in POLYMARK and can be called up at any time. In addition you will be automatically informed about new hits via e-mail.
What is meant by design law?
Design law protects two- or three-dimensional designs of everyday objects, i.e. a certain shape of a product. It can be protected if it is something NEW. The term of protection is 25 years. This applies from the day of registration for registered designs. Designs which are not registered have shorter protection which is only three years from the date of publication.
What can be queried by a design search?
Basically the design of all products can be protected, provided that it is new and peculiar and exceeds the average skill of a creator. It has to appeal to the sense of form and colour. A sample or model is new if it is not known to domestic experts.
In addition to the German (DPMA), European (EUIPO) and international (WIPO) designs we search national designs of almost all EU states and third countries.
For that we use our own online expert-tool POLYSIGN and other commercial design databases.
A subject matter search using Locarno Classifications or an owner search is optionally available. We also deliver the complete search result as a PDF, Word or Excel file.
What is meant by design monitoring?
New registrations can infringe existing design rights. Competitors register new designs or abandon existing designs. For this reason it is advisable to continuously monitor your own designs for possible injuries of third parties or to constantly monitor market participants for their strategic and future business orientation. We monitor your designs according to an individual search profile, for Germany (DPMA), EUIPO and WIPO. In addition, we set up further monitoring profiles for the EU and third countries. According to a jointly defined rhythm, we immediately and automatically provide information about relevant collisions, new registrations or changes in the legal status.