How do I register my trade mark?

How do I register my trade mark?

To register your trade mark in a particular territory, the first step is to file an application with the trade mark office that has the authority to grant a registration covering that territory. Most countries have national trade mark registries that have the right to grant trade mark registrations covering their country, but trade mark registrations also exist that confer rights in more than one country. One such example is the EU trade mark registration, which is a unitary right that automatically covers all European Union member states, the scope of protection expanding and contracting to reflect changes in EU membership.

Most trade mark registries examine an application to determine whether it meets their criteria for registration, although the stringency of the examination procedure can vary. In many countries there is also a formal procedure whereby third parties have the opportunity to oppose the grant of registration, typically on the basis of conflicting earlier rights or the inherent registrability of the trade mark.

The trade mark system is set up in such a way that if a trade mark is to be protected in multiple territories, it is often possible to file a first application to register that mark (for example, in the UK), then wait up to six months before filing applications in other territories, without risking loss of rights. So-called 'priority applications' are available in most jurisdictions, and can be an effective way of managing filing costs.

We have considerable experience of securing trade mark registrations throughout the world, and can devise and implement the filing strategy that is most appropriate to your business circumstances.

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