Trade mark process

Trade Mark Process

There are generally 2 steps in the trademark process. If it is a new trademark and has not been used for a significant period of time it is advisable to do a trademark search for two reasons:

• To ensure that by using the mark you will not be infringing on the trademark rights of another third party
• To ascertain whether or not the mark is available for registration

Once a search has been done (or if you do not want to do a search) the next step is to prepare and file an application. 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. The cost of an application will depend on the number of classes in which it needs to be filed. Using the services of a professional to draft and file the application is recommended.

Trademarks are territorial and separate trademark applications will need to be filed in the different territories in which trademark protection is needed. As far as international trademarks are concerned there are various filing systems that can be used – each with their own advantages and disadvantages.

The trademark process/procedure and the various time lines will vary from country to country. In the UK the trademark process takes approximately seven months provided no objections/oppositions or other such like interferences occur. After the application is filed it will be examined on two levels. The first looks at inherent registrability of the trademark (i.e. is it descriptive etc) and the second is a search for any conflicting (i.e. identical/similar) trademarks on the database. If the application is accepted it will be advertised (for a 3 month period) in the Trade Mark Journal for opposition purposes. Essentially this gives any interested third party an opportunity to oppose an application if they believe that it conflicts with a trademark which they may have rights to. If no oppositions are filed within the three month period the trademark registration certificate will be issued.

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