In order to register your trade mark in a particular territory, you first need to make an application for registration to a trade mark office that has the authority to grant a registration covering that territory. Most countries have national trade mark offices which grant trade mark registrations covering their country. However, it is also possible to secure trade mark registrations which give rise to rights in more than one country. For example, a EU trade mark registration is a single right covering all twenty-seven European Union member states, and an international registration can give rise to registered rights in a number of designated countries.
Most trade mark offices will examine an application to determine whether it meets their criteria for registration. The stringency of the examination procedure can vary considerably between different trade mark offices. Many offices also have a formal procedure which enables third parties to raise objections to the registration of a trade mark.
The trade mark system is set up in such a way that if you want to protect your trade mark in a number of territories, it may be possible to file a first application for the mark in one territory (such as the United Kingdom) and to delay deciding whether or not to file in other territories for up to six months after the first application is filed, without risking loss of rights.
We have considerable experience of securing trade mark registrations throughout the world, and can devise and implement a filing strategy that is most appropriate to your business circumstances.