The right to property is a right in full mutation. It feeds above all on major developments in technology and migrates from traditional law to digital law. In particular, intellectual property is a branch that is undergoing major transformations. Increasingly, the integration of technological solutions exposes new challenges, including the usurpation of property titles. It is more and more common to use SaaS mode in companies. This embedded solution exposes the developer to intellectual property conflicts. This is the reason why the online trademark registration for service in saas mode should be a systematic act for any developer of IT solutions. If you are not sure how to proceed with the declaration of intellectual property, we give you the procedure to follow.
The online brand for service in saas mode: understanding legal deposit
In the entrepreneurial field, companies abound. They are diversifying both in terms of the activities offered and in terms of management or distribution over the territory. The creation of transnational firms or branches represents possibilities envisaged by many establishments. As a result, the structural configuration of companies is increasingly diversified. To respond to managerial and management logic, IT stands out as the most suitable solution for the efficient processing and storage of data from one company to another. In particular, the Saas model (Software as a Service) is adopted by many companies. It represents the provision of specialized software for the benefit of a social entity in return for a subscription. Putting a software suite at the service of a client company must be endorsed by formalities for registering the ownership of the software. Otherwise, it is possible for the recipient to claim unearned rights.
In addition, to register a trademark online for a service, it is necessary to understand how it works. Technically, the trademark registration procedure can be complex. This is the reason why it may be preferable to use a support company in order to benefit from a simplified procedure. Whatever the case considered, you must opt for a clear name that spontaneously refers to the identity of your brand. It goes without saying that the name chosen must also be available and must not be contrary to morality.
Beyond that, it should be borne in mind that protecting a brand online is a legal guarantee. It is not unlimited and only covers specific services depending on the options chosen when filing. It is therefore fundamental to know how to choose the activities or services to be protected during registration. This option is identified by the INPI classes.
Choose INPI classes
Computer software solutions offer various application uses. Before filing your trademark online for a service in saas mode, it is important to identify the INPI classes in which your computer tool fits. More simply, the brand classes constitute the fields of activity or the categories of products and services relating to your software package. The Nice classification is the main reference for the input class. It identifies 45 product and service grouping categories.
It is obvious that your trademark is not covered by intellectual property for activities or services not selected during trademark registration. Ideally, the best recommendation is to refer to the classes filed by competing companies through the INPI database. Note that after the formalities, it is no longer possible to make new mark class additions. In case of omission, a new procedure must be initiated.
Filing a trademark online for a service in SaaS mode: the steps
The statement of the request
In the legal procedure, the trademark registration continues at the level of the National Institute of Industrial Property (INPI). You must complete an electronic form and sign it. The effective transmission is accompanied by an acknowledgment of receipt.
In reality, the acknowledgment of receipt includes the date of submission and a national number. Indeed, technologies evolve very quickly and can quickly lead to subtleties in the implementation. So choosing many classes of services is useful to offer excellent protection to your product. On the other hand, the cost of the declaration is proportional to the number of brand classes chosen.
If your client is an international company, you can extend your online brand protection internationally. Choose the option of national filings, community filing, or international trademark filing to meet the particularities of the client.
The publication of the trademark registration
The online trademark registration procedure for a service is an open process and access to the public. Indeed, after examining the application for registration, the INPI has a period of six weeks to file it in the Official Bulletin of Intellectual Property (BOPI). During this period, the authority sends you the summary of the information recorded during your request. To guarantee the regularity of obtaining your trademark online, the law provides for an opposition period before final registration. Third parties may rely on sufficient grounds to oppose your online trademark application for service. Technically, the opposition period granted to third parties runs from the date of publication of your registration request.
Furthermore, it is also the responsibility of the INPI to avoid compromises or disputes that may arise from an irregularity in the registration of your sign. Consequently, the institute also verifies the conditions of validity of your mark and more precisely the validity and the distinctive character of your sign.
In some special cases, there are additional checks before certifying an online mark for a service.
As far as the availability of the mark is concerned, this attribution does not fall within the competence of the institute. This control is the responsibility of the contractor. For example, it is possible to introduce a pre-existing brand name. In any case, any third party who feels threatened can report the irregularity of the availability of the mark to the body.
The maximum period provided is five months. This document is a summary of all the information for your online trademark registration. After registering your trademark online, you have intellectual protection valid for ten years.
In short, to file a trademark online for a service in SaaS mode, you must:
- Check the availability of your brand;
- Select activity classes for brand;
- Complete the trademark application form at the INPI;
- Obtain confirmation of registration after the verification phase.