How easy is it to get a trademark?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

The complexity of registering a trademark depends on your jurisdiction. Trademark registration follows several defined steps. Most applicants work with an attorney, law firm, or specialist service to prepare and file their application correctly.

Your first step before filing should always be to conduct a trademark search and identify confusingly similar or potentially problematic marks in your target classes. You should also confirm your mark is not descriptive of the goods and services you offer, i.e., your car wash business is not named "Shiny Cars"

Once the preliminary checks are done, file your application with the relevant IP office. The office will examine the application for registrability. If the examiner identifies concerns, they will issue an office action requiring a response. Applications that pass examination are published for opposition, giving third parties a set timeframe to challenge the mark.

If no third parties raise an opposition, your trademark is registered and a certificate is issued soon thereafter. If an opposition is filed, your legal representative will be notified. Depending on the circumstances, you can challenge the opposition directly or negotiate a co-existence agreement with the opposing party. A registered trademark is valid for 10 years and can be renewed an unlimited number of times.

Start your trademark registration with a free lawyer's check with Trama.

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