In Monaco, a trademark can be acquired through use.
However, filing the trademark with the Office is the only way to benefit from the advantages of registration (see the section “Why register a trademark?” under the heading “What is a trademark? “).
It is therefore advisable to register your trademark as early as possible. Your rights begin on the date on which you file your registration application, which forms the official starting point for your protection, even if industrial property rights are only definitively acquired when the trademark is definitively registered, i.e. entered on the national Trademarks Register.
Right of priority
If you have already registered your trademark in a Contracting State of the Paris Convention, you have six months (following the first filing date) in which to extend its protection to Monaco while continuing to benefit from the first filing date. Any applications filed by anyone else during that period will not be enforceable against you.
To raise a priority claim with the Office, you should send us an official copy of the first filing and indicate it expressly in section No. 9 of the registration application form. If this copy is not in French, a translation must be provided with it.
NOTE: If you are not the party claiming priority, you will need to submit written permission from the first applicant, authorising you to make the claim.