Intellectual property

Registration of a Trade Mark

What is a trademark?

A “trade mark” is a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person.

Who can apply for registration?

Anyone who claims to be the owner of a trade mark can apply for registration of that trade mark.  Although registration of a trade mark is not compulsory there are several benefits which flow from registration of a trade mark.  In addition, the registration of a trade mark can last indefinitely.  Successful applications are registered for ten years from the date the application was filed and registration continues as long as the renewal fees are paid every ten years.

Once an application is received by the Trade Marks Office, it is examined in order of filing.  Your application will be examined a number of months after it is filed.  At the examination stage, the application is assessed to determine whether it meets the requirements of the Trade Marks Act 1995.  If the application is deemed to satisfy the requirements, it will be accepted for registration.  If not, you will be sent a report setting out the requirements which need to be addressed.  You will be given the opportunity to reply and address the matters which have been raised.

Once your trade mark is accepted for registration, the details are advertised in the Official Journal of Trade Marks. For a period of three months from the advertisement date, anyone who believes that your trade marks should not be registered, has the opportunity to oppose them.

Registration

Provided no one opposes the application, the trade mark will be registered once the registration fee is paid.  The Trade Marks Office will then forward a Certificate of Registration and record the details of your trade mark in the Register of Trade Marks.  Please note that the trade mark will be registered from the date of application, not from the date it was examined or accepted.

Rosendorff Lawyers Is Ready To Help

The journey to securing your brand identity through trade mark registration can be complex, and for expert guidance and assistance throughout the process, it’s advisable to consult an experienced IP lawyer. These professionals possess the knowledge and skills to navigate the intricacies of intellectual property law and help you safeguard your brand effectively. For tailored advice on trade mark registration and protection, reach out to Rosendorff Lawyers.