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What is the process of obtaining a trademark?

Senior Trademark Attorney

Trademark registration contains four main stages:

Firstly, before filing, applicants should perform a trademark search to ensure their name is actually available in their chosen register. They should also confirm their mark isn’t descriptive of the goods or services it covers, since descriptive marks are routinely refused.

Once preliminary checks are done, applicants should fill out and file their application with the relevant IP office. The office will examine it for registrability, and if the examiner identifies concerns, they will issue an office action requiring a response. These concerns can be anything from the descriptiveness of your mark to how similar it is to previously registered marks. Applications that pass examination are published for opposition, giving third parties a set timeframe to challenge the mark.

If no opposition is raised, the trademark is registered, and a certificate is issued. 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.

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

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