registered trademark faqs
What is an International
trademark?
This is a trademark registered with the World Intellectual Property
Organisation under an International agreement, the Madrid Protocol. This
enables applicants/ owners of trademark applications/registrations of
a particular country to extend protection to their marks to other member
countries. There are currently 66 signatories to this agreement.
Both a UK national mark and a CTM
are members of WIPO and can be used to apply for registration in other
countries.
There are advantages and disadvantages in using this system and we suggest
getting advice from our advisors in order to ascertain what strategies
would best suit your business needs.
How long does the registration
procedure take?
In the UK the procedure will take approximately 9 months provided
there are no complications. A CTM (European) and International applications
will take about 18 – 24 months provided no difficulties are encountered.
How long does a registered
trademark last?
Once registered a trademark can continue indefinitely, on the
payment of a renewal fee every 10 years, provided that it does not remain
unused for a continuous period of 5 years and a renewal fee is paid every
tenth anniversary of the filing date.
Can a registered trademark be lost?
It is possible for third parties to apply to revoke or invalidate
a registered mark.
In the UK and EU a trademark can be revoked if the owner fails to use
the mark, either itself or through a licensee, for a continuous period
of 5 years. Other reasons include the mark has become a common term in
the trade in question or the use made of it has lead to a possibility
of misleading the public.
Third parties can apply to have a mark invalidated if they can show that
the mark should have been refused under the absolute or relative grounds
for refusal.
What is the difference between the symbols ‘TM’ and
®? When can I use them?
'‘TM’ denotes that the mark is a trade mark and is
being used as such. This symbol can be used in relation to both registered
and unregistered trade marks.
® indicates that the mark is registered. This symbol can only be used
in relation to registered marks. It is an offence to use it in conjunction
with an unregistered mark
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