Our specialist trade mark attorneys protect the rights of global brand owners in markets as diverse as automotive, consumer goods, sports, food and drink, clothing, pharmaceuticals and leisure.
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THE IMPORTANCE OF
TRADE MARK PROTECTION
A trade mark is a â€˜signâ€™ (most typically a word or logo) that distinguishes your brand from those of your competitors. Once registered, it can be used to prevent anyone else using the same or similar mark for identical and similar goods and services. Trade marks are an asset to the business and can help the business grow.Â
HOW THE TRADE MARK FILING PROCESS WORKS
Comprehensive searches should be undertaken to determine whether a third party has rights that could pose an obstacle to the registration of your mark.Â
Once a comprehensive list of goods/services has been agreed between you and your attorney, the application will be filed at the Trade Marks Registry. Official filing details will be received within a few days of the application being submitted. Â
The Registration will assess whether the mark is suitably distinctive and determine if the list of goods/services is adequately defined. It will also conduct its own search of the register and let you know if there are any earlier marks it regards as similar to your own. If any objections are raised, you will be given 2 months to respond/remedy.Â
Publication for Opposition
Details of the application are then published for any third party to oppose, should they so wish. The owners of earlier UK marks identified in the Registry's search may be notified of your application. The publication period is 2 months. although a potential opponent is entitled to a one month extension of time. If oppositions are received, these can prove costly and timely to resolve, and they can delay the application for many months. However, we always strive to resolve any such disputes amicably.Â
If oppositions are not received or they are overcome/settled, the application will progress to registration.
This will usually follow within 3 weeks of registration. Where an application becomes registered in a straightforward manner, the entire process will take 4- 6 months.Â
Pretty much the first thing that a new company will do is create a name and an associated brand which, in most instances, involves a strategic project with a design agency.Â
At this point, the design agency suddenly has the power to create something that will differentiate a brand from that of its competitors, can be used as a potential asset for the business, and could influence the buying habits of consumers for years to come.Â No pressure then.