Table of Contents
Written by : Lionel Schreifels |
Current : 3123 |
Write a comment |
Write a comment
do you know how to protect your trademark where do you want to protect us what are your goods and services hello I'd like to register my trademark what should I do a trademark has to distinguish your goods and services from those of others it must have distinctive character and must not describe what you sell secondly in order to make sure that your mark doesn't conflict with other registered marks or other trademark spending registration you should consult the National trademark database or for example TM view database there you can find national European and international trademarks that are protected in our country if your mark is identical or similar to a registered a pending application you risk that your application will be refused thirdly remember that the protection of your trademark only applies to the country or region where your trademark has been registered to what should I do next if you want to register your trademark you have to file an application you can do this online by our website or you can print out and complete the paper form which is also available on our websites what kind of information do I need to include in the application you will need your name address and contact details a representation of your mark and an indication of the type of mark a list of goods and/or services for which you wish to register your mark can I apply using my name or the name of my company a person or a company can file an application it's important to know that the mark will be registered in the name of the applicant do I need a legal representative you don't need to use a legal representative when you file an application if you choose to have a representative they should be a professional who is qualified to represent third parties and trademark matters according to national law the office cannot recommend any particular agent my logo includes a name and a figurative element what type of trademark should I select in the application trademarks are categorized in different mark types for example trademarks are only words or a combination of words letters numbers or other standard characters fall under the category of word marks if the mark uses non-standard characters stylization or layout or a graphic feature or colors it's a figurative mark they may be exclusively figurative or a combination of verbal and figurative you can find more information on other types of trademarks on our websites before you mentioned goods and services where can I find them when you file a trademark application you must specify the goods and/or services for which you want registration to search for goods or services you can consult the NYSE classification list on our website or use the TM class database how long does the protection last when your trademark is registered it's protected for 10 years from the date of application you can then renew it for further periods of 10 years by playing the relevant fee how long does it take to register my trademark when you file an application it has to be examined if the officer sites that a trademark application can be registered it will be published in the Official Journal there may be delays in processing your application if you were asked for any amendment or further clarification under the legislation there is a three month period for filing an opposition if at the end of that period no opposition has been filed the trademark will be registered it doesn't matter how long the process takes if your mark is registered it's protected from the date you filed it how much does it cost there's a basic filing fee for applications which includes one class of goods or services there is an extra fee for additional classes where appropriate our registration fee may be requested if you want to renew your trademark you have to pay a specific renewal fee the same applies for additional classes you can consult related fees and the methods of payment on our website in general fees are not refundable be careful of misleading invoices from third parties if you have any doubts about requests for payment please contact our office do you think this registration is necessary there is no obligation to register your trademark but by registering it you will have an exclusive right that you can enforce in case of any infringement importantly when you have a registered mark it's easier to prove its existence ownership and scope of protection remember create a distinctive mark check its availability identify your goods and/or services decide where you want to register apply for trademark registration pay the fees if you need more information please consult our website
Thanks for your comment Maurine Longanecker, have a nice day.
- Lionel Schreifels, Staff Member
you the aim of the trademark reform is to make trademark registrations easier to obtain and administer throughout the Union helping offices to harmonize the way applications are processed the trademark reform will also increase legal certainty and uniformity by reducing divergence within the trademark system included in their form our wide range of innovations both legal and technical that will lead to greater predictability and more legal certainty there have been several changes in relation to filing a trademark resulting from the reform probably the most important change is the removal of the requirement that America be capable of being represented graphically the removal of this requirement allows marks to be filed using a wider range of file formats for example new types of marks such as sound motion hologram and multimedia marks can now be submitted in mp3 and mp4 file formats another major change that has come into effect improves legal certainty regarding the wording of trademark specifications of goods and services trademark specifications were now be interpreted literally and therefore goods and services must be identified with sufficient clarity precision in essence this means terms used mean what they say and cannot be interpreted loosely as part of the improved registration process we will now examine the register ability of trademark applications against additional protected rights such as protected geographical indications and protected designations of origin for instance you cannot register a mark if it is already protected as a geographical indication such as the blur or the waterford blur which is a doughy white bread borne a roll associated with waterford on its surroundings the BLA is listed as a protected designation of origin and as such cannot be produced outside of County Waterford and Selkirk any new changes to the opposition process now bring the Irish procedure of opposition's in line with the EU system objections now raised by our office will be more focused on terms you specifications of goods and services this should result in more trademarks being partially accepted than previously prior to the changes so marks may have been refused for the whole class also in the case where a trademark application is subject to an opposition and if the opposition is based on an area right if requested by the applicant the owner of the area right must now provide proof of use our positions can only be based on early rights and not on auto criteria your position as a trademark owner has been strengthened through the expansion of enforcement and protection options for example new reasons or factors for opposition and cancellation have been introduced amongst these are designations of origin geographical indications traditional specialties are protected plant varieties all of which are protected by different legal means remember that we're fighting online using the e-filing system on our website your application will be processed more quickly also by filing a mark in an acceptable electronic formats your mark will be more precisely represented on the register there are forms to the trademark system are intended to improve greater predictability provide more legal certainty and make national and EU mark law fit for the challenges of business in the 21st century if you need more information please consult our website
Thanks maherudasq your participation is very much appreciated
- Lionel Schreifels
About the author
I've studied social network analysis at Eureka College in Eureka and I am an expert in measure theory. I usually feel lonely. My previous job was medical technologist I held this position for 23 years, I love talking about reading and handball. Huge fan of Steven Spielberg I practice yoga and collect autographed baseballs.
Try Not to laugh !
Joke resides here...