STEP 1: FILING

Once the application has been prepared, the trademark application is filed. It is assigned a filing date and a filing number. The filing date determines the ranking order of your ultimate rights. So trademarks of other parties for which applications were filed after your filing date always have a lower ranking.

STEP 2: EXAMINATION

The national trademark office will then verify:
– That all documents and data are in order
– That the description of the goods and services (classification) complies with the local requirements
– That the trademark is distinctive enough (i.e. that it is not too descriptive)

Remarks

If the national trademark office has comments regarding one of these matters, we will discuss this with you.

Assessment of older rights

In some countries, the authorities also check whether there are no older similar trademark registrations. If this is the case, a trademark application may be (provisionally) rejected in these countries. If this occurs, we will contact you to discuss the possibilities and provide you with an estimate of costs.

STEP 3: PUBLICATION

If the trademark application has passed the filing phase, it is published, in most cases online and in some countries also in the (national) official trademark journal. The purpose of this publication is to give holders of older, similar trademarks an opportunity to file a notice of opposition (= an objection) to the new application.

Opposition

The duration of the opposition period varies from one country to another. In most countries, this is a period of two to three months. Naturally, if an opposition to your application is filed, we will contact you and advise you on any steps that can be taken as well as the associated costs. If no opposition is filed, then Phase 3 is complete and preparations for the registration of the trademark will follow.

STEP 4: REGISTRATION

Once the application has passed the opposition phase without problems, registration follows. The trademark is assigned a registration date and registration number. From that moment on, the trademark is actually protected in the relevant country and action can be taken against parties that infringe it.

Term of protection

In almost all countries, a trademark registration is valid for a period of 10 years and can be extended by further 10-year periods.

Management of your trademark registration

After registration, we enter all the data and details of the trademark registration in our management system. Once applicable, we will send you a message when the trademark is due for renewal. You will also receive a message from us if there are matters worth reporting in relation to the registration.

Use

In most countries, the trademark must be used within five years from the registration date in order to maintain the trademark rights. If this is not done, a third party could start an invalidation action against your trademark. In some countries, such as the US, it is even mandatory to submit proof of use after a number of years. Where applicable, we will inform you of this and assist you with the same. Please note: in a (small) number of countries, holders of older trademarks can file oppositions even after registration (e.g. in Germany, Austria, Spain and Portugal). If this occurs, we will of course inform you. Please find an example of such a registration process below.

TRADEMARK PROTECTION
Register your trademark quickly?

In that case, submit this form, and our legal experts will contact you within 24 hours to provide information about the options, the procedure, and the costs of trademark registration. Of course, you can also give us a call: 020-8204000.

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