Submitting a trademark application can be a very difficult and complex process if you are a start-up business or this is the first instance that you are applying for a trademark. This is because the application process includes several different processing stages meaning your trademark could take up to 6 months to be granted and fully accepted. In this blog we will be talking you through each stage of the trademark application process, things to look out for and how to correctly submit and register your trademark. However, there are a few actions you should administer before registering your trademark including a preliminary trademark search.
The initial step everyone should take before filing a trademark application is a detailed search of existing trademarks. This process searches all databases looking for wordmarks or trademarks that are like that of your own across the world. This is a vital stage in your trademark application because if the word or phrase you are looking to register is too alike an existing trademark this process could end up being a costly affair resulting in your trademark application being rejected.
The first stage of the application process requires all the related information about your trademark including:
At this stage, your trademark application is thoroughly examined. This includes an investigation into the trademark to show and outline registered marks that are similar or close to the one you are currently looking at registering. It will also be examined to see if it includes a specially protected emblem such as the royal arms.
Once you have completed the search and examination stage and your application has been cleared the next step is for your application to be published in the online trademark journal.
Next is the two month opposition period. This period allows any third parties to file an opposition if they feel that your trademark is in breach of infringement. A third party company can file an opposition if they believe that there your trademark meets one of the listed grounds of opposition.
After publication and opposition period you will be issued with a certificate of registration by the UK IPO. Now your trademark application is registered you may use the ® symbol indicating that this trademark is registered.
Finally, and official filing receipt will be issued to the applicant confirming the filing date, the approval of the trademark, the goods/services applied for and an allocated registration number and your trademark application is complete.