JANE COLLINS

Context

World’s largest agrochemical company

3rd largest in seeds

19,000 employees worldwide

Sales in 120 countries

Our Challenges

50/50 on/off patent

Widely counterfeited/infringed

Strictly regulated industry

Very cost conscious

SYNGENTA “BIG BRANDS”

Sub-brands

DEMAND } - Public Health

ICON / ICONET } -

KUNG FU - China

WARRIOR - US

HALLMARK - UK

LAMTHRIN - South America

CYHALON - Japan

SYNGENTA “BIG BRANDS”

AMISTAR – AZ

Sub-brands

QUADRIS - Vines

ORTIVA - Vegetables

BANKIT - Bananas

HERITAGE - Public Health / Turf

PRIORI - South America

Filing Statistics

32,500 marks in 140 countries

430 CTM’s since 1 April 1996

830 International Registrations

– Covering 2 – 59 countries

– Oldest IR still used dates from 1940

Filing Strategy

Order of preference is CTM, Madrid, National

Will base on Switzerland or UK because of speed of registration

But CTM less strict on absolute grounds and do not require consents on relative grounds

Use Madrid for 2 or more countries

Costs

Easy to compute and budget

No translations or powers

Low assignment costs

Internal admin costs of paying bills hugely reduced

One currency gives stability of costs and eases administration

Administration

One form

Protocol countries had to speed up procedures – more business certainty

CTM countries had to harmonise – more business certainty

Renewals, assignments, changes of name etc much simpler – one process, no powers, no special formalities

TRADEMARK OWNERSHIP – U.K.

ICI

ICI Zeneca Limited Astra

Astra Zeneca

(no trademarks) Avecia

Specialty Chemicals

Astra Zeneca

Zeneca Limited

AgrochemicalsAstra Zeneca

Pharmaceuticals (Name Change)

Syngenta Limited

merger

demergerdemerger

demerger

TRADEMARK OWNERSHIP – U.S.

Stauffer Chemical Co.

ICI America Inc.

Zeneca Inc. GB Biosciences Corpn.acquired

subsidiary

(complicated assignment)

Zeneca Ag Products Inc.

merger

Syngenta Crop Protection Inc.subsidiary

GB Biosciences Corpn.

acquired

Madrid or CTM?

Community Trademark - Advantages

The most cost effective of all TM registration systems

– Will be even better when searches abolished

Wider choice of languages e.g. German

Correspondence and forms seen as easier than WIPO

No need to appoint representatives if problems arise

Use requirements

Madrid or CTM?

Community Trademark - Disadvantages

High number of oppositions

Increased risk of problems with enlargement.

Cost and difficulty of conversion

Conclusion

We welcome the CTM joining Madrid

Cost saving

Choice

Who joins the EU is a political matter

Who joins Madrid is also political but something we can and do lobby

JANE COLLINS