How is a trade mark registered?
Obtaining full registration of a trade mark takes several months even in the
most straightforward cases, though as soon as the application is made priority
will be preserved against any later applicants. Incorporation
Services Limited provides an expert service for all your trade mark registration
requirements. An outline of the procedure is a follows:
The first stage is usually to undertake a full search to assess the registrability of the proposed mark, especially if a logo is involved. This will look at any registered, lapsed and pending trade marks which are similar in any way. If there is some doubt as to the registrability of the trade mark advice can be sought from the Registrar. A full description of the goods and/or services will be required.
The application must be submitted on the official forms. The information required will be the name and address of the proprietor of the trade mark, a full description of the goods or services and full details of the proposed mark, including camera-ready copy of the logo, if there is one.
The application is first examined by the Registry. If no objections are raised
during examination, the application may proceed to publication in the Trade
Marks Journal. A published application will remain open to opposition by third
parties for a period of 3 months. If no objections are received during this
period, the application will proceed to registration and a certificate will
be issued. The certificate is backdated to the date of application.
Opposition and conflict with other marks
The trade mark examiner may raise objections to acceptance for registration
of a mark, or third parties may file objections once the mark has gone to publication
in the Trade Marks Journal. These objections may be overcome by obtaining a
letter of consent from the owners of any conflicting marks, or by arranging
for a hearing before the Registrar. In many cases the hearing can be conducted
by prearranged telephone conversation.
Who may register a trade mark?
Any trade mark owner, whether a British subject or not. The mark must be used or proposed to be used in the United Kingdom.
Can a trade mark be registered in other countries?
Yes. Most countries have a system for the registration of trade marks. A European
Community trade mark can be registered at the office for harmonization of the
Internal Market in Alicante. This will provide protection in all the countries
of the European Union including the UK. If trade mark protection is required
in more than half of the countries of the European Community, registration of
the Community Trade Mark may be the cheaper and most effective option, giving
protection throughout the EU. The difficulty, however, is that if the mark is
found unacceptable in one EU country, then the application will be refused completely.
A trade mark can also be registered in other countries both within and outside the European Union. In most countries the procedure and classification of goods and products are similar to those in the UK, though the detailed rules, registration procedures and costs vary from country to country.
The Trade Mark Registry's own website gives further information about trade
marks. Click
here to visit this site.
Incorporation Services Limited provide a comprehensive
trade mark search and regsitration service.
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