The trademark registration process can be divided into a few main elements. Starting from verification of your trademark to the time that takes patent office to process your trademark registration. If everything is on the right track next is acceptation and publishing of your trademark. Also, it’s important to get ready for the eventual response to the objections.
If you would like to get more into details of the trademark registration process consider diving deeper into this article. It will help you to understand and be aware of all steps in the trademark registration, so you won’t miss anything.
Free trademark searchWe begin with the verification of your trademark to ensure that your mark is registrable and distinctive. Most trademarks that will pass the test of distinctiveness are the fanciful words or made-up names that are not common or easily replicated e.g Nike, Xerox among others.
The time it takes will definitely depend on the complexity of your application. Ideally, an uncomplicated UK application should take something between three and five months while an uncomplicated EU trademark application takes between six and nine months.
Having a trademark lawyer to guide you through the steps will certainly make the process faster and smooth as well. Below we will discuss some concerns that might arise during the trademark registration period.
After your trademark application is filed, one of the important steps that follow is that the Patent Office will examine your trademark application to find out if there are any problems with it.
The TradeMarks' Registry will consider whether an application meets formal filing requirements and if so, will then carry out a substantive examination to assess whether the application meets the criteria for registration. When the examiner concludes that your trademark qualifies to be registered, then they will publish your trademark registration on their journal to give room for any existing mark owner to file an opposition against the application.
It is important to note that at Own-R, we take responsibility for our actions. If we happen to greenlight your trademark and it ends up not getting registered, then we reimburse you 100% of the paid money.
A trademark opposition is a legal procedure that allows a third party to try to stop a published mark from becoming registered. Sometimes, your entire application may be opposed while other times, it is partially opposed (affecting only some good and services you wish to register under).
What may lead another party to oppose your registration? Your trademark may face opposition if the other party believes that your trademark is confusingly similar to their existing mark. By attempting to register your mark, they claim that you will be infringing on their rights to their own trademark.
The next step is important because if you do not respond to an objection in good time, you might end up wasting your time and money.
Sometimes, some objections are groundless and some competitors will oppose your registration to frustrate you. That is why it is really important to work with a trademark attorney to help you handle them.
Once your trademark has been opposed, you will have to answer to the opposition in good time to ensure that your application is not delayed. With proper research and planning, it is very possible to reduce the chance of your mark being opposed. We take care of responding to the patent office as long as we are handling your trademark registration process.
At OWN-R, our top priority is ensuring that you successfully secure your brand by carrying out proper research before filing your trademark.
We will also answer to the Patent Office concerning any opposition that may be raised against your trademark. We are with you every step of the way until your trademark is successfully registered with the relevant Patent Office.
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