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Whether you think
you can or whether you think you can't, you're right– Henry
Ford |
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trademark registration faqs
How do I go about registering my trademark?
Once it has been established that the mark is available, a trademark
application is then prepared and filed. The following information is required:
the trade mark, the applicant’s
name and address, details of the goods/services in relation to which the
mark is or will be used. It is important that the correct class/classes
of goods/services are used as failure to do so may result in the trade
mark being revoked on the grounds of non- use at a later stage. For details
on the classification of goods click here.
Our expert will do everything for you and no application will be filed
without first receiving your confirmation that all details relating to
the application are correct.
Does a search guarantee that my mark will be registered?
Due to the numerous factors which make up the trademark process
it is not possible to give an absolute guarantee that a mark will be registered;
the opinion of an Examiner or a third party opposition is not something
which can be predicted. However the search should turn up any major problems
which are likely to occur with an application, which should assist you
in making a more informed decision. When a trademark has been filed all
fees are non-refundable regardless whether it is successful.
What
happens if a 3rd party registers my business/product name as a trademark
before I was able to do so?
Although the answer will depend on the facts and circumstances
of each individual case, the commercial and financial consequences to
you or your business could be extremely damaging. For example, depending
on the extent of your use of the mark, the 3rd party may even be able
to prevent you from even using the trade
mark altogether. He could certainly prevent you from using it in areas
outside those in which you have acquired a reputation (i.e. severely limiting
your ability to expand the business and operate in extended geographic
locations). Furthermore you will not be able to stop the 3rd party from
using the trade mark in areas outside of those in which you have a reputation
in the mark. You will also incur significant legal costs in trying to
solve the problem (assuming it can be overcome!).
Does
a registered trademark offer worldwide protection?
No. Registered trade marks are limited territorially. Therefore,
for example, a UK registered trade mark only gives rights to the owner
in the UK , whereas a Community Trade
Mark (CTM) gives the owner rights throughout the European Union (which
of course includes the UK ).
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