Interregional Seminar on the International Trademark Registration

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Transcription:

Interregional Seminar on the International Trademark Registration Puebla, Mexico March 23-24, 2015 Jean-Pierre Maeder Special Delegate IP Advocacy Nestlé

A strong brand identity known worldwide The nest device was registered in Switzerland in May 1890 under No. 14 and was amongst the first trademarks registered in the country. Changes in the NESTLE Bird s nest logo over the years 2

Nestlé: a brand driven company with unmatched product and brand portfolio Corporate +de corporate slide 15 10 000 different products Over 1 billion products sold every day A product for every moment of every day, from morning to night and from birth to old age 160 000 trademark and design protections worldwide 3

31 USD Billionaire Brands FY 2012: organic growth figure excludes Yinlu, Hsu Fu Chi and Wyeth Nutrition 4

NESCAFÉ Then: An Innovative Product Instant Coffee Introduced to the Philippines During World War 2 NESCAFÉ Supermarket Display 1960s NESCAFÉ Print Ad Manila Times September 23, 1949 5

NESCAFÉ Today NESCAFÉ CLASSIC is No.1 in the mainstream pure soluble coffee category 6

Globalization of Trade boosts Madrid System 1 Agreement only 40 Protocol only 54 Agreement and Protocol 95 members 7

ASEAN Member Countries 8

ASEAN: Number of National Protections end 2014 Country National Protections Through IR Philippines 646 57 Vietnam 128 398 Lao 155 Cambodia 172 Malaysia 1470 Thailand 1179 Indonesia 1237 9

LATAM: Number of National Protections end 2014 Country National Protections Through IR Argentina 1289 Bolivia 702 Chile 1163 Colombia 1184 57 Costa Rica 717 Cuba 233 158 Ecuador 1089 El Salvador 721 Guatemala 1023 10

LATAM: Number of National Protections end 2014 Country National Protections Through IR Honduras 722 Mexico 2320 54 Nicaragua 567 Panama 806 Paraguay 741 Peru 1168 Uruguay 511 Venezuela 1370 11

Evolution of IR filings 2000-2014 180 160 140 120 100 80 60 40 20 0 International Registrations obtained per year 162 62 73 84 112 87 95 2008 2009 2010 2011 2012 2013 2014 Total IR portfolio : 1840 12

Top Madrid Applicants 13

Why using the Madrid System? Easy administration 95 countries 1 renewal 1 application 1registration number 1 clear unitary fee structure 1 language 14

The Benefits Subsequent designation of countries Simplicity: Easy to record changes after registration Designation: Possibility to record these changes only in some specific countries Costs: (100 CHF per designated country unless individual fee) 15

Nestlé s filing strategy We usually favour the International route but our strategy depends on several factors Geographical Scope Urgency of the Project STRATEGY Costs Speed of the Examination Severity of the Trademark Office Examination 16

Practice in the Home Country The practice in the home country may also influence the strategy The Swiss TM Office is very strict in assessing the distinctive character of trademarks and sometimes refuses marks that are accepted in other countries. In that case, we cannot obtain the necessary basic registration and are thus prevented from using the Madrid System. 17

Questions? 18