Trademark is a valuable right so, it is always good to have an understanding of trademark and trademark filing essentials. A trademark is a logo or word or combination of both which associates with specific goods or services leading to brand value. Moreover, a registered trademark provides the owner with a monopoly right to use the mark and to restrict others from using identical or similar trademarks for similar services and goods.
Trademark Filling Essentials
- Firstly, the chosen mark is distinct and eligible for registration process; for e.g. new invented original logos or words are acceptable.
- An appropriate number of applications and goods/services classes limits the trademark cost.
- Moreover, a UK mark is enough if you only require protection in the UK. However, if the business is covering 2 or 3 EU countries a community trademark will be profitable. So, for protection in other markets including India, china, and US, you must conduct selective registration.
- Is domain name is similar to the available new brand- if not, is there any need for changing the intended mark?
- Timescales- under this application is protected from the time it has been filed if no objection is raised so far. Within 6 to 12 months of the time period, you may receive a UK grant, but the duration upsurges for a Community trademark.
Initial Searches
A thorough search conductance before drafting an application and incurring a cost is vital. The search helps in assessing whether you may receive a grant from the chosen trademark or any third party is already using a confusingly similar mark. In absence of similar/existing markTradeT, proceed to application drafting.
However, in case of identical marks, the process can proceed further on the basis of specific facts, the business must change its chosen mark or take a further step via contacting the existing trademark owner for mutual settlement. A “co-existence agreement” comes into the role between the two parties for the application. It is possible if the underlying services and products are in competition.
Related Articles: What is Comprehensive Trademark Search?
Application
It is essential to reduce the cost of a trademark filing for an applicant. An appropriate trademark application drafting due to which half-fee of the application defers. USPTO examines the filed application; the application may receive publication in the Trademark Official Gazette if there is no objection. It allows third parties to claim that their mark is identical to the published trademark if it is similar. After the end of opposition tenure and 2 months of publication, you may formally receive the trademark grant.
Also Read: Top 6 Benefits of Seeking Trademark Filing Services
Why take our Trademark Filling Services?
Our team of experienced and skilled professionals brings world-class trademark filing services for our clients. The experts keep themselves updated about recent USPTO standards to deliver the best service with no compromise in quality. Deep industry and functional expertise of experts allows us to serve unparalleled trademark filing services to the clients.
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