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. 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 must be considered by any business before the registration:
- The chosen mark is distinct and eligible for registration process; for e.g. new invented original logos or words are acceptable.
- The trademark cost can be reduced by limiting an appropriate number of applications and goods/services classes.
- A UK mark is enough if protection is only required in the UK. However, if the business is covering 2 or 3 EU countries a community trademark will be profitable. For protection in other markets including India, china, and US, selective registration must be done.
- 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 a UK mark may be granted, but the duration upsurges for a Community trademark.
A thorough search should be conducted before drafting an application and incurring a cost. The search helps in assessing whether the chosen trademark is likely to be granted or any third party is already using a confusingly similar mark. If no similar existing mark is found, the application can be drafted.
However, if identical marks are found, 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 existing trademark owner for mutual settlement. A “co-existence agreement” can be made between the two parties for the application. It is possible if the underlying services and products are in competition.
It is essential to reduce the cost of trademark filling for an applicant. An appropriate trademark application drafting due to which half-fee of the application is deferred. The filed application is examined by the USPTO examiner; if no objection is found then the application will be published in the Trademark Official Gazette. 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, the trademark will be granted formally.
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