Trademark registration process

Trademark registration process

Usually, the trademark registration process takes approximately 6 to 12 months. To register a trademark one must file an application in the corresponding country or region, containing information about details of what you want to register and a list of goods or services to which the sign would apply. However, some jurisdictions require representation of an accredited trademark attorney in order to submit an application for trademark registration.

After applying, the trademark office examines your application in order to find out if the formal requirements are completed. Later it is necessary to publish the trademark to give third parties an opportunity to present oppositions to the registration of your trademark. Only when the trademark examination process is done by the local trademark office and no opposition by a third party is received, the trademark registration process is finalized.

Official trademark registration fees apply in all jurisdictions. Some may also require a final payment of fees in order for registration to be granted and published in an official journal.

In different countries, the Trademark registration process differs. We present you the TM registration process in Europe:

Step 1. You should wisely decide, what trademark you want to register. A trade mark is valid for 10 years and can be renewed indefinitely. Be aware that once you have filed your mark you cannot change it.

Step 2. Check, if your trademark is distinctive and not descriptive.

Step 3. Check if your trademark is not similar to the trademark registered before. If someone else has already registered the same mark, it is not available. You can save time and money by searching for marks that could conflict with yours before you apply. In the European Union (EU) there are more than 11 million registered trademarks. The global Trademark Database is available at the European Union intellectual property office (EU IPO) database TMview.

Step 4. Make a list of Goods and Services that you want to register your trademark for. Your application for a European Union trademark must contain a list of the goods and/or services to be covered by the mark. The goods and services should be specified as accurately and precisely as possible. They should be classified under one of the classes of the Nice Classification.

Step 5. File the application of European Union trademark at the EU IPO. Pay the fee for registration.

Step 6. The examination process now starts. If the examiner raises no rejection for the descriptiveness or distinctiveness of the mark, it will be published soon after the application is filed.

Step 7. After the mark is published, other parties have 3 month period to raise oppositions (for example, for the similarity with the earlier mark).

Step 8. If no oppositions are filed, the mark is registered. The registration certificate is provided to the applicant. The mark is registered for 10 years with the possibility to renew it afterward.