Once an Application is lodged with the relevant Intellectual property office, it will be examined, and if it complies with certain rules and formalities requirements, it will be published for opposition purposes.
If no prior rights exist, and if there are no oppositions lodged, the mark is registered and a registration certificate will be forwarded to you. This right is renewable for set periods of time (in the UK, Registered Trade Marks last indefinitely, and are renewable every 10 years).
It is important to note that registration may not be necessary everywhere, and that you may have to decide on whether it is worth obtaining registration in certain countries, or markets, and not in others as it would probably not make much sense to register a Trade Mark covering say a country such as Portugal if your business will only be trading in Manchester and Birmingham. Also, it's good business sense to think of territories where your goods originate from / are manufactured so that you can protect your trade marks in these places. Finally, you may find it useful to seek protection in territories with a high risk of counterfeiting / infringement, for goods / services in your sector / industry, prior to launching your products.
A Trade Mark, is a "chose in action", and like most property rights can be licensed, mortgaged or transferred from one party to another. To this effect, note that it may be necessary to record some transactions with the relevant Intellectual property Office with which the mark is registered, for the transaction to have effect under law. We have expertise in undertaking Availability / Free to use Searches; filing Trade Mark applications and all formalities for registration (covering the UK, Europe, the US and other parts of the World).
In addition, if you have been involved in a Trade Mark related dispute, we are able to try and negotiate a reasonable settlement with the alleged proprietor, or to defend your rights accordingly if we establish that you have been wrongly accused.
If you have recently started a new business and have questions regarding how to apply for a Trade Mark, protection of your current or future brands, the trade mark application procedure, trade mark monitoring and trade mark opposition, anti-counterfeiting, trade mark infringement, or other trade mark related matters, Contact us to find out how we can help you.