Trademarks can be refused registration by government authorities for a number of reasons. One of the most common mistakes that happen when registering a trademark is not checking whether an identical trademark already exists.
During the registration process the trademark authority will carry out their own trademark searches to see whether or not they accept your trademark.
We provide free trademark search services. This allows you to receive up to date information regarding trademarks that may conflict with yours. Having information regarding identical trademarks or similar trademarks allows you to make better decisions when it comes to trademark registration.
To request a trademark search and application filing service, enquire now..
International Trademark Applications Filing
To protect your trademark internationally, you must file for trademark registration country by country. Protection is dependent on territory and only granted in the country where the trademark has been effectively registered.
There are a few regional agreements, such as the European Union Intellectual Property Office, that allow you to protect your trademark in multiple countries through a single application. However, worldwide trademark registration cannot be obtained in one go, and registration must be obtained by applying before the trademark offices of all desired countries.
The Madrid protocol for trademark registration process, which is managed by the World Intellectual Property Organization, offers a system that can facilitate the process of registration of an international trademark.
To request a quote to file your international trademark application, fill the contact form below..
Trademark Registration in UK
Weather an EU Trademark is valid in UK after BREXIT?
On 31 December 2020, the Brexit transition period came to an end and significant changes to the law in the UK are taking effect.
All EU trademarks (EUTMs) registered as of 31 December 2020 will automatically be cloned into a UK right (a 'comparable UK trademark (EU)'), that maintains the same priority, filing, seniority and renewal dates as the EUTM.
Renewal of existing EUTM's/'cloned UK trademarks (EU)': From 1 January 2020, payment of the renewal fee in the UK IPO will be necessary in order to preserve the registration in the UK (as well as any fee in the EUIPO in respect of the remaining EUTM).
Applications for EUTMs pending in the EUIPO: The owner will have until 30 September 2021 to file a UK application for the same trademark, in respect of some or all of the same goods and services, maintaining the benefit of the same filing, priority and seniority dates. The UK will not automatically extract a UK application from a pending application for an EUTM. Similar arrangements apply for international trademarks that are protected in the EU on 31 December 2020, and for pending applications for such registrations.
Oppositions or proceedings against EUTM applications or registrations: The proceedings will automatically be dismissed. UK rights will cease to be "earlier rights" in relation to EUTMs. UK rights holders should be reviewing their involvement in any EUTM proceedings with their attorneys/legal advisers in order to determine whether they will be affected and to identify alternative options at their disposal.
Representatives: UK legal representatives can continue to represent their clients before the EUIPO (and the Court of Justice) in procedures that remain ongoing on 31 December 2020. Additionally, anyone may continue to file an application for registration of an EUTM. However, where representation is necessary, natural or legal persons without domicile in the EEA or without their principle place of business or a real and effective commercial establishment in the EEA must be represented in the EUIPO in accordance with Article 120(1) of Regulation 2017/1001.
Address for Service: In the UK, the address for service rules is changing and changes to the rules on representation are expected to follow. From 1 January 2021, the rules will not permit the provision of an address for service outside the UK, the Channel Islands or Gibraltar in respect of a UK trademark or application. An address for service in the remaining EU or EEA will no longer be permitted. New trademark applications filed in the UK IPO from 1 January 2020 will need to comply with the new regime. There will be transitional provisions for applications and proceedings that remain pending on 1 January 2021, and the changes will not apply to comparable UK trademarks (EU) (ie those extracted from an EUTM) until 2024.
There will be no change to the rules as to standing to sue and the principles governing relevant torts (such as trademark infringement and passing off) in the UK. However, the jurisdiction of the courts to determine questions of infringement and validity of a daughter comparable UK trademark (EU) and to order relief will not extend to the remaining EUTM in respect of remaining EU countries. Likewise, the courts of remaining EU countries will no longer have jurisdiction in respect of the infringement and validity of a daughter comparable UK trademark (EU).
As a signatory to the Hague Convention on Choice of Court Agreements, the UK courts will continue to recognise and give effect to exclusive jurisdiction clauses, including those conferring jurisdiction on the courts in the UK in respect of licenses of trademarks beyond the UK.
Unless agreement is reached to replace (in relation to the UK) the "Brussels" and "Lugano" regimes on jurisdiction and enforcement of judgments in the EU and the EEA, in the UK the common law will govern such issues. The common law already governs such issues as between the courts in the UK and the courts in the US and Canada. The Brexit transition presents some opportunities for well-informed potential litigants.
To request a quote to file your UK trademark application, fill the contact form below..
Trademark Watch Services
Trademark Registration Certificate is the conclusive evidence of ownership of a trademark in the name of the trademark owner.
Registrar of Trademarks will follow the guidelines to match similar or closely similar trademark while processing the subsequent trademark applications. However, there are all chances that the Registrar of Trademark may register a similar trademark without the knowledge of a registered trademark.
So it is important for the Registered Trademark owner to be aware about the applications that are filed and accepted by the register and have to be vigilant about the possible conflicts of his mark.
In order to ensure the strict protection of a registered trademark, the owner has to keep watching the trademark applications filed and accepted and advertised by the trademark registry.
So, it is very important to keep a watch on the trademark mark registry to check if anyone is trying to get a similar mark in the same area where your mark is registered.
