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• Trade Mark Application Procedure

Trade Mark Application Procedure

Trade Marks are an important form of intellectual property protection.

Applications can be filed either as a national trade mark application through the national office of the country of interest, as a community trade mark application through OHIM (the Office for Harmonization of the Internal Market) or as an International Registration through WIPO (World Intellectual Property Office).

A Community Trade Mark is a single registration conferring rights in all 27 member countries of the EU. An International Registration (Madrid Protocol) allows the applicant to designate up to 80 countries and is a cost effective way to secure extensive protection.

Whichever route is chosen, the trade mark application must include a graphic representation of the mark itself and a list of the goods and services on which the mark is used or intended to be used.  The process for registration differs depending on the country concerned, but generally, the receiving authority will examine the application for distinctiveness and in some jurisdictions will also conduct a search to ensure that there are no prior conflicting registrations in the name of another party. After acceptance of the application, there is generally a period within which third parties can oppose the application. Thereafter the trade mark will be registered.

The filing date of the trade mark application establishes a "priority date" from which the applicant has the right to file corresponding applications in other countries within six months of the priority date, any such applications being entitled to the same priority date as the original application.

Once registered and trade mark protection is in place, the proprietor is entitled to assert the registration against competitors using the same or a confusingly-similar trade mark in the country concerned in relation to the same or similar goods or services as those in respect of which the mark is registered.

Prior to adoption of a trade mark, it is advisable to conduct a clearance search to establish whether there are any earlier rights which may conflict with the trade mark protection sought.

Our trade mark attorneys would be happy to discuss strategy for trade mark protection. In providing advice on trade marks as part of our range of intellectual property services, our attorneys work closely with clients at all stages of brand development to ensure that the best possible protection is obtained. Our UK patent attorneys are of course on hand to discuss patent protection matters.