Is my trademark eligible for registration?
Words which are descriptive, commonly used or deceptively similar to existing trademarks are harder to register and may be rejected by the examiner.
Some things that are more difficult to register than others:
- Marks that are identical to, or very similar to, earlier filed trademarks for similar goods or services.
- Descriptive terms ("apple" for computers might be acceptable, but "apple" for fruit wouldn't be).
- Common surnames and geographical place names by themselves.
- Very short combination of letters and numbers (such as "VP" or "F9").
- Commonly used words or phrases, such as "Best Quality" or "On Sale".
In those cases the examiner will most likely request evidence that when people think of that Mark, they think of your business and not anyone else. Combining the mark with other unique elements may help registration. For example, "Smith Pluming" would be difficult to register alone, but may be easier when combined with a unique logo or slogan.
If a Mark is deceptively similar to an existing registration, the examiner will most likely request you to amend your description of goods and services so that your registration does not overlap with other existing registrations. For example, "apple" could be registered by one company for computers and a different company for t-shirts, but different companies couldn't both register "apple" for computers.
Marks that are scandalous, misleading or protected by law (such as Olympic marks) may not be registered.
Even if your application is accepted, others may oppose its registration or take legal action against you for infringement of unregistered common law trademarks. It's therefore advisable that you search public information (such as Google) to ensure that nobody else is using the mark before you apply.
What is the registration process and how long does it take?
Your application will be examined by the official trademarks office and advertised in the official journal before being registered.
The process to register a trademark involves three key phases: application, examination and opposition. The total time before registration depends on a number of factors, including whether your application is accepted without modification. Having said that, the trademarks office should provide a good indication of whether your application will become registered within 1 month. In most cases, the effect of the registration will be back dated by the trademarks office to the date of the application.
How much does it cost?
Fees are payable on application. Fees are payable if asked to respond to issues raised by the trademark examiner.
1. Fees for application and registration are located
here.
2. In some cases examination of a trademark may identify issues which may limit
the scope of an application or reduce the chances of an application being
accepted. In such cases we can assist by guiding you through that process and
responding to the examiner on your behalf. In most cases we will provide those
services on a “fixed fee” basis, giving you certainty and confidence. In all
cases we will give you an idea of the fees before we undertake any work on your
behalf. If we cannot provide the services to you for any reason, we will be
happy to refer you to another provider.
3. All fees are non-refundable, payable in advance and include relevant taxes. We accept
all major credit cards.
Can a more detailed trademark search report be purchased?
Sometimes a more detailed approach taking into account
competitors across the industry is important in understanding the appropriate
trademark coverage.
Considering descriptions of goods and services
important to your competitors is a good indication of areas new competitors
could emerge ... and therefore important elements to protect your brand.
Using our detailed trademark scope report we review both online and offline
resources to recommend an appropriate trademark scope for your business. We provide a
concise summary of our recommendations and will actively discuss them with you.
We’d be delighted to give you a call and a free consultation.