- April 16, 2020
- Posted by: United Legal Experts
- Category: Trademarks
What is a Trademark?
A Trademark is a word, logo design, symbol, a phrase that identifies specific goods or services. Trademark gives lawful rights to the owner of the Trademark from being copied or infringed by any other person. A person can get benefit from the registration for his life if he meets the legal statutory requirements.
Unique Brand Name
The first step to register a trademark is to decide a unique name for your brand. It is important to decide a brand name that must be unique and your own creation. However, you can register the brand name which is already in the market but that trademark is used for different goods or services. It is still subject to the availability of that name in your jurisdiction. The best practice is to create your own brand name in which you will be investing money and time. This practice would save you from several upcoming infringement issues. Spending considerable time at this stage would ease your path to trademark registration in any country.
You can also design a logo for your brand or company which must be unique and your own creation. You cannot copy anyone’s logo and file for registration, which may get rejected or you may face legal consequences. Getting a logo design from a professional designer is the best option for your brand and company.
Once you have the design logo or brand name, you can move to the next step which is Comprehensive Trademark Search.
Search for a Trademark before registering it, is equally important in order to save your time and money. Once you decide your logo or word for your brand or company and you are ready to register them, you should search for the trademark before proceeding further. Comprehensive Trademark search is one of the most important steps you should take before proceeding for trademark registration. This would give you the probability of whether you would be facing any conflict in the future or not. Whether the IPO authority will most likely issue an objection on the basis of likelihood of confusion or not. In simple words, it will save your money and time.
Once the comprehensive search is completed, you can proceed with the trademark application. Getting the trademark application filed by the right person and in the right manner is the most important thing. This would give you the probability of your trademark acceptance. Only a professional trademark lawyer can file the trademark application in the right manner which is why you should always choose to file the trademark through professional lawyers.
Many countries give the option of filing a trademark by yourself yet it is hard to file the trademark successfully for the individuals because of the lack of legal knowledge and complexities involved in the procedure and laws which results in wasting time and money.
After filing a trademark application there comes a stage of procedural compliance or Trademark examination, whether the application meets the statutory requirements or not. If the trademark application failed to meet the legal requirements. The trademark objections may be issued by the Trademark examiner. The OBJECTIONS or OFFICE ACTION should be responded in the given time period mentioned in the objection letter. If the objections will not be responded to in a given time period, the trademark application may get abandoned.
Once the Trademark application meets the procedural legal requirements. It gets published in the official gazette. The publication time period may vary from country to country but it starts from the minimum of 30 days which by USPTO (USA), 60 days by UKIPO (United Kingdom), 90 days by EUIPO (Europe), 30 days by AUIPO (Australia), 60 days by CAIPO (Canada) to name just a few.
The publication period is also called the opposition period. If a third party believes that the trademark published in the official gazette is similar to their trademark and their trademark is already registered or the party believes they have any other grounds of opposing the trademark. They can file the opposition with the IPO office within the publication period.
Issuance of Certificate
If no opposition filed within the publication period. You will be issued with the Trademark registration certificate. The trademark will be registered for a period of 10 years. There may be some maintenance requirements by the IPO offices depending upon your jurisdiction.
Renewal and Maintenance of Trademark
Once your trademark is registered you have to renew your trademark after every 10 years and fulfil the legal requirements of your jurisdiction.
Finally comes a Brand Protection
Once your trademark is registered, it is important to protect your brand from possible infringements online or offline. This will be a continuous effort in order to protect your brand from cybersquatting, counterfeits and other types of infringements.