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What is the procedure for registering a trademark?

Applicant 

Firstly, send or directly submit a fully completed trademark application following the form and pay the necessary cost. The application must include the following information:

  • Your company’s contact information;
  • Trademark sample (in the required format);
  • A description of the goods and services, as well as the group(s) of marks, that the company intends to protect.

Note that some trademark offices (for example, those in the United States and Canada) require proof of usage or a statement that your company plans to use the mark for the objectives which is mentioned in the application. During application processing, the related trademark office will supply you with more exact information.

Trademark office

The process conducted by different nations’ trademark authorities to register your trademark differs greatly in detail, but generally follows the same procedure.

Formal assessment. The trademark office assesses the application to guarantee that it conforms to administrative requirements or processes, such as ensuring that the cost is paid and the application is fully completed.

Content assessment. In some countries, the trademark office carries out a thorough review of the application to see whether it conforms to the content requirements, such as whether the registered mark is excluded under the trademark regulation, as well as whether the mark is in conflict with a previously registered mark in the related class(es).

Publishing and objecting. In many countries, marks are published in the official gazette to allow a third party to object to the registration of the mark for a limited time. In a few other countries, trademarks are only publicized after they have been registered, however there is a time limit after which a complaint can be made to request cancellation of the registration.

Register. If there are no reasons for rejection, the mark will be registered and a Certificate of Trademark Registration will be provided, which is generally valid for ten years.

Extend. Trademarks can be renewed many times by paying a cost, however registration can be terminated entirely or for certain products or services if the mark is not used within a certain time. are stated in the related trademark regulations.

Protection costs

  • It is necessary to note and budget for the costs of trademark registration.
  • Costs when designing a logo or text for a trademark. Many businesses hire experts to handle this creative task.
  • Costs for researching the trademark.
  • Costs for registering. The costs differ by the country and the type of marks (product categories). More information on the costs of registration in your country can be gotten from the National Trademark Office.
  • Companies that hire industrial property agents to assist with registration may spend higher costs but save time and effort.

In general, anyone who intends to use a trademark or is concerned about its use by others can register it. That person can be a natural person or a legal entity.

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