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What are the steps for registering a trademark?

Registering a trademark is a lengthy process.  Depending on the country in which the trademark is applied for registration, has divided it in 2 or 3-steps:

Step 1 - Trademark Comprehensive Study: During the Trademark Study, a search will be conducted to ensure that an identical trademark (or a similar trademark) is not currently registered. An analysis will be conducted to make sure that the registration submitted is distinctive enough to obtain a trademark.  The comprehensive study is conducted by an experienced Intellectual Property attorney who will prepare a report on the chances of successful registration along with recommendations.

Step 2 – Trademark Registration Request: The Trademark Registration Request includes the preparation and filing of the trademark application by an Intellectual Property attorney with specific expertise in the country in which the application is being filed. 

An examiner from the Trademark Office will review the application and can choose to allow the application to proceed to the publication phase, or the examiner can object to information contained in the application. If the examiner objects to the application, the client will be notified immediately and informed what further action must be taken in order to proceed.  Once the trademark proceeds to the next phase, public notice of the trademark is published for a period of approximately three months to give others ample opportunity to formally oppose the registration.   When the publication period has passed and all oppositions have been resolved, the trademark registration is accepted by the Trademark Office.

Step 3 – Registration Certificate: This step varies by country.  Not all countries charge for the certificate once the application has been accepted yet others do charge an official fee for the issuance of the certificate and ten year protection.  Once the fee is paid, the government-issued Trademark Registration Certificate is forwarded to the client, and the trademark is listed as Registered. The owner of the trademark then has the right to use the ® symbol beside the trademark.


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