Questions & Answers About Trademark Filing

We include questions that we often hear. Do you still have questions? Call +1.226.246.2979 or LIVE CHAT with us for real-time support

If you are in a hurry, we have an option/add on for URGENT FILING, for an extra $180 we will complete a comprehensive trademark search and submit your trademark application within 48 hours of receiving complete information from you. Please note that you need to provide us with all the information in order for us to do the work within 48 hours. If you select this option, please make sure to schedule a phone call with us to go over all the details in one call.
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  • Trademarks that are descriptive of the products or product quality (for example, TASTY PEARS cannot be registered for fruits)
  • Full names and surnames unless they have acquired a secondary meaning (for example, TAYLOR may be registered trademark as it has a secondary meaning but Anderson may be unregistrable since it's only a surname)
  • Names of products that you registering, even in a foreign language (for example, you can’t register КРЕМ for creams as КРЕМ means CREAM in English when translated from Russian)
  • Places of origin. You can’t register French Candy for candy and chocolate originating from France.
  • Trademarks identical to Official government marks (aka Official marks), emblems, flags.
  • Obscene and offensive trademarks (for example, CANADIAN AS FUCK is unregistrable whereas FCUK is registrable)
  • Portraits and signatures or living or dead individuals
  • Trademarks that are too close to another previously filed or registered trademark
  • Trademarks that are merely informational (for example, BLACK LIVES MATTER)
How to avoid filing for a trademark that's not registrable? Conduct thorough trademark search before filing a trademark.
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A Power of Attorney, POA in short, is a legal document that authorizes an entity to represent or act for another person, usually, in the managing of the person’s property, business or private affairs. The former is called the Attorney or Agent whereas the latter is commonly known as the Principal. In Trademarks, a Power of Attorney is required to appoint an Attorney on your file so he/she can represent you before the respective Trademarks Office. Having said that, in many countries including the US, UK, Europe, Canada and Australia you don’t need to sign a POA for a standard trademark application (power of attorney is already implied when you entrusted your attorney/agent trademark registration). However, there are countries, such as, China, Mexico, Russia and India where a POA signed by the owner or any other person legally bound to the owner is required in order to file a trademark application. In the US, when an applicant wishes to replace its existing attorney and appoint a new attorney, it needs to sign a Power of Attorney authorizing the new attorney to prosecute the trademark application.
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There are 3 ways how you can proceed:

  1. Book an initial phone call with us. Here is the link for the trademark package
  2. Ask for a free preliminary trademark search to get an idea of whether your trademark can be registered. This is a basic search but if your mark is unregistrable, we'll be able to tell you. Order your search here.
  3. Buy a trademark package right away to start the trademark registration process without further delay. You can see our pricing on this page and can buy directly from our website.

What happens after I buy a trademark package?

  1. We'll confirm your order.
  2. We'll check if your trademark is registrable. A comprehensive trademark search will be done at this stage. We will provide detailed recommendations on how to increase the chances of achieving registration if your trademark turns out to be problematic.
  3. If your trademark is registrable, we'll move forward with the trademark registration process.
  4. If your trademark has low chances of achieving registration, you will have 3 options:
  • Ask for a full refund;
  • Come up with a different name. We will provide detailed instructions for this. Further trademark searches are included in the package and there is no extra cost. We'll keep searching until we find a registrable trademark;
  • Proceed with the filing anyway.
The choice is yours. Make the first step now.
To open in a new tab, click: How does the process work with Trademark Angel? What happens after I buy a trademark package?

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  • The full legal name of the applicant (either your company or your personal name)
  • The full address of the applicant.
  • The trademark name. If you are filing for a logo, we need to see the logo. If you are using a few color variations, please send them all as filing in black and white in the EU and the UK, will not protect your color versions. Read more about color claim here.
  • The products which you sell or plan to sell under your trademark (provide a list).
  • The services which you offer or plan to offer under your trademark (provide a list).
Once you provide us with a list of products and services you want to include in your application, we will properly classify them to make sure we qualify for the fast trademark examination (Fast-track in the EU, for example).
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Unfortunately the government fees for a trademark filing are never refundable. When a trademark application is filed, the government fees are paid. Once they are paid, they are not refunded for any reason. If your application is filed incorrectly (for the wrong goods, for the wrong trademark or in the wrong name) and you decide to "cancel" it, the Trademarks Office will not refund you the government fees that you paid. So file wisely, or better yet, seek help of a trademark professional to make sure your application is filed correctly.
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When filing in China, a common question is whether the English version of the trademark is sufficient, or whether a corresponding trademark in Chinese characters should be filed as well. For the Chinese transliteration, please see our suggestions below: Generally, for an overseas brand which will officially enter the Chinese market, it is strongly suggested to file a corresponding Chinese mark. This is because that 1) From a business perspective, a Chinese mark is easier to remember and recognize for Chinese consumers; 2) For the products like food, cosmetics, etc. imported to China, a Chinese name of the brand is officially required and needs to be posted on the package; 3) If it happens the client has no corresponding Chinese name for its brand, then the client’s authorized agency in China may create a Chinese mark by itself and sometimes even register such a name as its trademark. If this Chinese mark becomes known, it will be too late for the client to create a new Chinese name. In the meantime, it is not easy to take back that Chinese mark registered by the agency since China is strictly a first to file country; and 4) If a foreign brand does not have an official Chinese name, it is very likely that the Chinese consumers will voluntary create a Chinese name for it to make it easier to remember and such Chinese name will be vulnerable to be pre-emptively registered by trademark squatters. Below is a real-world example to illustrate point 3 above: When Filorga went into Chinese market, they found that the Chinese agency of Filorga has registered a Chinese name "菲洛嘉" in China several years ago. What's more, based on the promotion by the Chinese agency, the Chinese name had become widely known by Chinese consumers. Filorga had no choice but to use that same Chinese name and they paid a lot of money to buy the Chinese name back from the Chinese agency. The bottom line: If budget allows, file your trademark in English and Chinese characters to be fully protected in China. We do give discounts if you file two versions, i.e. FILORGA and 菲洛嘉 (from the example above).  
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Trademark Classes

Every trademark application must list the specific goods and services that the trademark will cover. Products belong to trademark classes 1 to 34. Services belong to classes 35 to 45. Products are tangible, you can touch them. Services are intangible. Below is a rough classification (class headings) just to give you an idea of general categories  (please note that the below list cannot be used for trademark filing) Products Class 1: Chemicals (including those used in agriculture, industry and science) Class 2: Paints, coatings, varnishes, colorants for food. Class 3: Cosmetics, creams and serums, cleaning products including soap and shampoo, bleaching and abrasives, non-medicated toiletry preparations, false eyelashes, essential oil, perfume Class 4: Fuels, industrial oils, greases, lubricants, candles Class 5: Pharmaceutical and veterinary products, food supplements and vitamins, baby food, disinfectants, fungicides, herbicides, plasters, dental wax Class 6: Metals, metal castings, metal hardware, metal containers, locks, safes Class 7: Machines and machine tools and their parts, motors and engines (except for land vehicles) Class 8: Hand-operated tools and implements, razors, cutlery Class 9: Computers, computer hardware, computer cables, cell phones and cell phone cases, data carriers, computer software, downloable publications including e-books, videos and podcasts Class 10: Medical and dental instruments and apparatus, massage apparatus, sex toys Class 11: Products for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes including lamps and kettles Class 12: Land, air and nautical vehicles, motors and engines for land vehicles Class 13: Firearms, ammunition, explosives, fireworks, holsters Class 14: Precious metals, watches, jewellery Class 15: Musical instruments Class 16: Paper, items made of paper, stationery products, artists’ products, printed products including photographs, stickers, notebooks, party ornaments of paper Class 17: Rubber, asbestos and plastic Items, pipes and tubes Class 18: Leather and leather goods, bags, wallets, animal apparel, collars and leashes for animals Class 19: Building and construction materials (non-metallic), non-metal monuments Class 20: Furniture, mirrors, picture frames, storage containers not of metal, party ornaments of plastic Class 21: Kitchen utensils, crockery, containers, cleaning implements, toothbrushes Class 22: Ropes and strings, tents, nets, awnings, sacks, padding, canvas material and raw fibrous textile material Class 23: Yarns, threads Class 24: Textiles, fabrics, blankets, covers, towels Class 25: Clothing, footwear and headgear Class 26: Sewing products, lace and embroidery, artificial flowers, hair decorations like ribbons, false hair Class 27: Carpets, linoleum, wall and floor coverings, wall hangings Class 28: Sports equipment, video game apparatus, games, toys, Christmas decorations Class 29: Dairy products, meat and fish, processed and preserved foods, including dried, frozen and cooked fruits and vegetables, milk, eggs, edible oils and fats, jamps, jellies Class 30: Staple foods, spices, bakery products, confectioneries, tea, coffee Class 31: Fresh fruit and vegetables, live animals, animal food, seeds, fresh herbs, plants and flowers Class 32: Non-alcoholic beverages, preparations for making beverages, fruit juices, beer Class 33: Alcoholic beverages, except beer Class 34: Tobacco products and smokers’ articles, matches, electronic cigarettes Services Class 35: Retail services including online retail store, advertising, business consulting, business management Class 36: Insurance and financial services, real estate services Class 37: Building construction, repair and maintenance services, installation services Class 38: Telecommunication services, broadcasting services including video broadcasting Class 39: Transport, logistics and storage, travel services Class 40: Treatment of materials, custom assembly, recycling and waste management Class 41: Education services, including arranging and conducting educational classes and seminars, entertainment services, book publishing, organizing exhibitions and conferences Class 42: Saas and Paas services (Software as a service and platform as a service), IT services, software development, graphic design services, website development, scientific and technological services Class 43: Restaurants, cafes, hotels, catering services Class 44: Medical services, hygienic and beauty care services, dental services, veterinary services Class 45: Personal and social services, legal services, security services For a more in-depth discussion read this article: Taking Advantage of the Trademark Classification  
To open in a new tab, click: Classification of Goods and Services in a Trademark Application (class headings)

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The packages are per trademark filing / per trademark application. A trademark application can be filed for a) a word mark/ phrase For example, a word mark /phrase is: LOVE YOU, MOM! b)  a logo only (image with no text) For example, this is a logo mark consisting of an image only: trademark a logo only c) a combined logo (word mark/phrase + image) For example, this is a combined logo (it also technically a logo since it has an image): combined trademark If budget allows, it's better to file for a) and b) separately as you can then use these marks separately, in any combination. Please note that logo alone (b) will not qualify you for Amazon Brand Registry as it has no literal element (nothing that you can read/pronounce). Please read more about different types of marks here: Which trademark should I File? Word Mark or Logo?
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STEP 1

Initial trademark search The team at Trademark Angel strives to make the trademark registration process as cost- and time-efficient and smooth as possible. For this reason, we offer to conduct a free trademark search for your proposed mark to give you an idea of how registrable your mark is in the country/countries you’d like to file. We have talked extensively about benefits of doing an initial trademark search in other articles. In short, failing to search for similar marks prior to registration is quite risky and can result in additional business expenses that could have been avoided. For example, we have aided several clients who came to us after starting the process themselves, without conducting a thorough trademark search. These clients had already paid for products or packaging that displayed a mark that ultimately could not be registered as there were registered marks that were too similar to our clients’. These products and/or their packaging then had to be completely re-branded at great expense. This could have easily been avoided by an initial trademark search. For more information about trademark searches, feel free to check out this article: Why conduct a trademark search?

STEP 2

Preparing your application If the search results are positive and the mark looks registrable, we can start preparing your trademark application. To help us prepare your application, we’ll need to know:
  1. Who the trademark owner will be
  2. If we are filing for your word mark or your logo (we usually make suggestions during the search)
  3. What goods and/or services you’d like to include, and
  4. If you’d like to file under intent to use of your mark or actual use of your mark
Intent to use vs Actual use If you are already selling your goods or offering your services in the US, you can file for those goods and/or services under “actual use.” To prove your claim of actual use, you will need to provide what is called a specimen – in other words, an unedited photograph – which clearly shows your mark on the goods and/or services or the product packaging. A specimen is required for each class of goods/services you file for. In addition, you will need to provide the date of your first out-of-state sale if you are a U.S. citizen, or the date of your first sale in the U.S. if you are a non-U.S. citizen. If you are filing for goods and/or services you plan to sell in the near future, you will file for those goods and/or services under “intent to use.” After your application has received a “Notice of Allowance” (see below), you will be required to file a Statement of Use attesting to the fact that you have started using your mark on all of the goods and/or services listed in your application. To read what's required in order to file a trademark application, please check this post: What’s required in order to file a trademark application in the US? To read more about specimens of use and what specimens are acceptable, please check these posts: What is use in commerce (in the US)?, What is a specimen of use?, When do you need to submit specimens of use?, How do I find an acceptable specimen of use? Fees The cost to file an application in the US depends on how many classes you would like to include in your application. The government filing fee is $350 per class, and is NOT included in our packages.

STEP 3

Filing your application Next, your application will be filed with the USPTO and we will email you a confirmation of the filing. At this time, you will also receive a trademark application number. You can check the status of your application at any time on the USPTO website with this application serial number. Please note, we cannot change the mark that you register for, or the goods listed in your application once you file. For this reason, the goods listed in your application must be an accurate description of your actual products. We will always send you a draft of how your application will be submitted and ask that you approve the draft prior to submission. We ask that you provide us with clarifications regarding your products if the descriptions we list are not accurate.

STEP 4

Examination Approximately three to four months after your application is filed, the application will be assigned to an Examining Attorney at the USPTO. This Examining Attorney will make decisions whether your application can move on to the next step of the process. Office action? If the Examining Attorney finds that changes must be made to your application (for example, the description of your logo must be amended to be more clear, or to clarify certain goods and/or services included in your application), or that your mark is confusingly similar to another prior-filed mark or registered mark, an office action will be issued. A response to the office action must be filed within 6 months of the date on which the office action has been emailed. The failure to respond to all of the changes required by the Examining Attorney will be considered an “incomplete” response and may jeopardize your application. To read more about different types of office actions, please check out this article: What are office actions?

STEP 5

Publication After office actions have been responded to and all outstanding issues have been resolved, the Examining Attorney will approve your mark for publication in the Official Gazette. This does not mean that your trademark has registered; rather, your mark will be published for potential third parties to oppose your mark if they believe your mark conflicts with one of their own marks. Receiving an opposition is quite rare, but if this does occur, we will happily refer you to an attorney with extensive experience in this field. If no oppositions are filed against your mark within the 30-day publication period, your mark will proceed to the next step in the registration process.

STEP 6

Allowance If you filed your application based on an “intent to use,” approximately six weeks after the end of the publication period, your mark will receive a “Notice of Allowance.” A Notice of Allowance indicates that your mark has been approved to proceed to registration pending the filing of a Statement of Use. The deadline to file this Statement of Use is six months from the mailing date of the Notice of Allowance. Within this six-month period, you must prove to the USPTO, through the filing of a Statement of Use, that:
  1. You are using your trademark on all of the goods and/or services listed in your application, and
  2. Your mark is being used in commerce.
To accomplish this, you must provide:
  1. Specimens – in other words, unedited photographs – of your product which clearly show the product and your mark on the product or the product packaging. You must provide at least one specimen per class listed in your application.
  2. The date of your first out-of-state sale if you are a U.S. citizen, or the date of your first sale in the U.S. if you are a non-U.S. citizen. If you listed any services on your application, the relevant date would be the first date you offered those services.
To read more about Statement of Use, please check this article: What is a Statement of Use in a trademark application? Fees The government fee to file a Statement of Use is $150 per class, per mark. In addition, if, for any reasons, you cannot file a Statement of Use within the six-month period following the issuance of the Notice of Allowance, you must file for an extension. Up to five extensions of six months each, can be obtained for any one mark. The government filing fee for an extension is $125 per class, per mark.

STEP 7

Registration If you filed your application based on “actual use,” and your mark has not been opposed by any parties, you will receive a registration certificate with a new registration number for your mark approximately six weeks after the end of the opposition period. If you filed your application based on “intent to use,” and you have filed a Statement of Use, and that Statement of Use has been accepted by the USPTO, your mark will proceed to registration. A registration certificate, with a new registration number for your mark, will issue approximately four to eight weeks after your Statement of Use has been accepted. The whole process takes 8 months to over 2 years! Best scenario – 8 months                                            Worse scenario – 2 years or longer Now that your trademark is registered, you can put registered mark symbol ®. Please check these posts and cartoons about proper use of a registered trademark: When and how can I use my trademark symbols? and How not to invalidate your trademark: proper trademark usage rules

STEP 8

Post-Registration Maintenance After your mark has been registered, you must “maintain” your mark to keep it active. Other than continuing to use your mark on all of the goods listed in your application, you must also file a Section 8 declaration between the 5th and 6th year after your mark has registered. You may want to also consider filing a Section 15 declaration at this time, although it is not required. Finally, you must file another Section 9 declaration to renew your trademark between the 9th and 10th years after your mark has been registered. To read more about Section 8 and Section 15 declarations, please check out this article: What is a Section 8 Affidavit of Use? It is important to use your trademark properly in order not to invalidate it. Please check these posts and cartoons on the topic: How do I lose my trademark protection? Fees The government filing fee to file a Section 8 declaration is $325 per class. The government filing fee to file a Section 15 declaration is $250 per class. The government fee to file a Section 9 renewal declaration is $325 per class.

Conclusion

As the trademark registration process in the U.S. can take over a year, we strongly suggest that you consider filing for your mark sooner rather than later. There have been instances where a client has waited to file for a mark until it was in “actual use,” and during that time, a competitor had filed for a similar mark. This forced our client to file for a different mark and to order new packaging reflecting this new mark. For more information about registering your trademark, please take a look around our site, particularly the FAQ section. If you’re ready to file for your mark and begin the trademarking process, we are available via chat and email and look forward to working with you to protect your brand. Updated on Dec 30, 2024
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Some trademarks cannot be registered on absolute grounds. It's important that your trademark does not fall in any of the categories below in order to be registrable:
  • your trademark does not function as a trademark, i.e. as a source indicator
  • your trademark clearly descriptive of goods or services
  • your trademark is generic and is merely the name of a product or service
  • your trademark is not distinctive, i.e. is not capable of distinguishing your products or services from products or services of other traders
Make sure you watch our video how to select a great trademark.  
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Trademarks Office in the EU  and the UK will not refuse your trademark if there is a prior filed or previously registered similar trademark. Instead the Trademarks Office in the EU and the UK only looks at absolute grounds (i.e. if the mark is deception or descriptive, it may be refused). However, if there is a similar trademark, it will not be refused by the Trademarks Office. Instead, owners of similar trademarks may oppose during the 3-month opposition window in the EU and during the 2 month opposition period in the UK. One of the main reasons one may file an opposition is confusion with an earlier trademark. Opposition proceedings offer an owner of an earlier trademark the right to oppose the registration of a trademark that could endanger his/her business. By monitoring the EU Intellectual Property Office database or the UK Intellectual Property Database, you will ensure that you will timely see newly filed EU / UK trademarks and will be in a position to oppose in time. Ask us about the monitoring service.
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In the European Union, cooling off period is set by the Trademarks Office once the opposition has been received and assuming it is admissible. The purpose of the cooling off period is to allow parties to negotiation a settlement agreement. An initial cooling off period is 2 months, but can be requested to a maximum of 24 months. When the cooling-off period has expired and if no agreement has been reached by the parties, the litigation part of the proceedings begins. Most oppositions are settled as it’s cheaper than to proceed with a full-blown opposition.
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The opposition procedure can only be started by a party who is the owner or licensee of an earlier trademark. An opposition can be filed against a trademark filed in the EU Intellectual Property Office, or against an international application designating the EU.
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Trademark applications can be filed in any EU official language. A second language, different from the first language, can be chosen from the following: English, French, Spanish, German or Italian.
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No use is required for filing or registration in Australia, so long as you have an intention to use the trademark in Australia in the near future. There are no filing bases in Australia just like in the UK and EU. Trademarks must be used in Australia within 3 years of the date of registration. A trademark that is unused for 3 years or more can be removed from the register.
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In the EU, no use is required in order to file an application. Just like in the UK, you don’t need to specify any dates of first use or to indicate if the mark is in use. No use is required to obtain a trademark registration. To maintain your trademark, it must be put to "genuine use in the European Community" within 5 years of registration. If the trademark has not been used, without a very good reason, for five years or more, then the registration may be cancelled. Furthermore, Community trademarks that do not meet the new standard for “genuine use in the Community” may be converted to national trademarks of a Member State if they meet the requirements for that Member State.
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In the United Kingdom, no use is required in order to file an application. In fact, you don’t even need to specify any use dates. No use is required in order to obtain a trademark registration. To maintain your trademark, it must be put to use in the UK within 5 years of registration. If the trademark has not been used and there is no good reason to justify non-use, for five years or more, then the registration may be cancelled.
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In the US, use is not required prior to filing. However, a trademark must be put to use prior to registration unless a foreign applicant relies on a foreign registration as the filing basis. To register a trademark one must file a Statement of Use together with specimens of use. Use is mandatory after registration. In fact, a mandatory Affidavit of Use must be filed between the 5th and the 6th year after registration. If no affidavit is filed, the trademark is cancelled automatically. In addition, trademarks that are not in use after registration may be cancelled by filing a petition to cancel.
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In Canada, use is no longer required for filing or registration. In fact, filing bases have been completely eliminated. No specimens of use or statements of use are necessary. Use is mandatory to maintain your trademark after registration. It is possible to cancel a trademark for non-use if the trademark has not been in use for 3 years after registration and there has been no good reason to justify non-use.
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In different countries trademark opposition process is different. In the US, trademark opposition period is only 30 days, so you have to be pretty fast if you plan to oppose. A trademark opposition in Brazil may be filed by an interested party within 60 days from the date of its publication. In Canada, Australia and New Zealand one has to file a trademark opposition within a 2-month period. A trademark opposition in South Korea may be filed by an interested party within 2 months from the date of its publication. In the UK, an opposition period is 2 months but can be requested to 3 months upon a request made by a party that intends to oppose. A trademark opposition in Japan may be filed by an interested party within two months from the date of its publication. Trademarks are published twice, first time right after filing and second time after registration. In Germany, publication happens after registration. Opposition period is 3 months. In the European Union and China, a notice of opposition must be filed within 3 months following the publication. In India, anyone may oppose registration of an Indian trademark within 4 months after publication.
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Australia is quite unique as it offers two types of trademark application filings:
  1. Standard filing
  • You get an immediate filing date
  • You cannot make changes to your application or list of products/services
  • Your trademark is reviewed after filing
  • Your trademark proceeds through a standard examination process until registration
 
  1. Headstart filing
  • This is pre-application services provided by IP Australia
  • You pay higher filing fees (AUD$400 vs. AUD$250 per class) but you only pay AUD$200 at the beginning
  • Your trademark is assessed by an Examiner before it is filed.
  • You get a report within 5 days of filing. Once you get the report you can decide if you want to proceed further. If you want to convert your application into a Standard application, you have to pay the remainder of the fees.
  • You can make changes to your trademark or description once you get the report.
  • Once your trademark is converted, you get a formal filing date and no more changes are allowed.
  • Your trademark proceeds through a standard examination process until it registers
  While a Headstart application may be a great choice there are some important drawback of this filing: Since you don't get a filing date immediately, what if somebody else filed a similar trademark while you were waiting for the Headstart report? Trademark Office is not bound by the Headstart report and can issue different objection at a later date. If your products are unique and not in the picklist, Headstart may not be the best choice since it only allows to pick the products/services from the list of pre-approved goods and services. How do you know which one to use? We can usually advise when Headstart may be reccommended. If we find similar trademarks and unsure that your trademark will register, we can recommend Headstart trademark application filing first. If you don't want to invest a ton of money in your marketing campaign and want to maximize your chances for your trademark to be approved, Headstart may be the answer. Once we receive a Headstart examination report, you can then make a decision whether to proceed with the filing.  
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If filing for a logo in the UK, one has to file the logo in a specific color unlike the US and Canada where filing in black and white covers all colors. Up to 6 color variations are allowed. You can include 2 color variations for free; the government fee for each extra variation is GBP 50 (we don't charge anything extra).
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If you are filing a logo in the European Union, filing in black and white will not allow you to use your logo in any color, unlike the US and Canada. Marks that are registered in black and white but used in color may be vulnerable to cancellation if the owner of the trademark does not prove genuine use of the trademark “as registered”. It means that the logo trademark has to be filed in the color that it will be used (and not in black and white unless the owner plans to use the logo in black and white). Full rules with detailed questions and answers can be reviewed here: European Common Practice. If you are thinking of filing a new trademark application, you may want to file two applications: one in black and white to cover all color combinations if you ever need to bring a proceeding before a National Court that has not implemented European Common Practice and one in a particular color that you use to comply with European Common Practice.  As us about a special discount for a black and white and color logo (if filed at the same time).
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We understand you. It's "catch 22" in a way: in the US, you can't register a trademark until you begin sales but you can't get in the Brand Registry until you have a registered or pending trademark. On top of this, being an Amazon seller you need to be adaptable as you don't know what products you will be selling next year. So what should you do? Let's break this into pieces: 1. You need a registered trademark to get into Amazon Brand Registry and to get full protection for the products you sell. You may also get in the Brand Registry with a pending trademark but you won't be able to remove hijackers until your trademark registers. 2. A trademark is always filed for specific products and each category (class) of products comes with the Trademark Office filing fee (aka government fee). You can't file a "generic" or "umbrella" trademark without identifying the specific products in the trademark application. 3. It means you need to come up with a mini-business plan and itemize the products you may be selling in the next year. This may require product research and brainstorming. 4. Once you have the list of products or at least a general category, we can do an initial trademark search. 5. In order to file a trademark, we'll need to know actual products that you sell or will be selling in the foreseeable future. We can finalize them once we begin working on your trademark application. If you provide us with a general category, we can write a product list for you, but we do need your initial input. Please note that registrations are granted only for specific products or services that are listed in your trademark application and NOT for the whole class. Additionally, please remember that registration of your trademark does not give you a monopoly for other products and services not covered by the registration (unless those other products and services are considered "related", i.e. similar). Examples of similar products: clothing and bags; jewelry and watches; toys and educational books; cosmetics and creams; tea and coffee. We invite you to check our articles on this subject: 11 Trademark Tips: how should I list products and services in my trademark application? What Every Business Should Know about Trademarks Registration? Note: no use prior to registration is required in Canada, the UK, EU,  Brazil, Japan, China,  and Australia.
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Low Cost Trade Mark Registration in UK

How to register a trademark in the UK? Step 1: Search Prior to filing a trademark search should be done. It can be ordered online on our website. Please contact us for trade mark registration in UK with your trademark and a list of goods and/or services of interest and we will do a free trademark search for you. Step 2: Filing your application In order to file your UK trademark application, we need:
  • Trademark name
  • A picture of your trademark logo (.jpg image is preferable);
  • Applicant’s name and address (this may be an individual, two individual or a legal entity, such as a Limited Liability Partnership (LLP) or a company);
  • A list of the goods and/or services in relation to which your trademark mark is used or intended to be used. Don’t worry about sending an exact list. A description in your own words is enough.
If your application claims priority from a corresponding foreign trademark application, please provide the filing date, application number, and country of first filing. Your trademark will be submitted electronically after you approve it. An official filing receipt is issued by the UK IPO (UK Intellectual Property Office) 2-4 days after filing. The filing receipt confirms the filing date and assigns an application number. Step 3: Examination Your UK trademark application will be reviewed within 5-15 days. Your application is examined on the following grounds:
  1. Relative grounds - the Examiner conducts a search of earlier trademarks with effect in the UK and informs UK applicants if he/she finds that your trademark is close to a previously filed or registered trademark. Note your trademark will not be refused by the Trademark Office if there is a similar mark; and
  2. Absolute grounds - the Examiner determines whether the trademark is descriptive or non-distinctive. The Examiner will examine your mark to make sure it’s not offensive or immoral.
The Examiner may also ask additional questions, like asking to re-specify the goods/services if they were not clear. If an examination objection is raised, the Examiner will set a period for the applicant to respond. Step 4: Publication Once the examination stage is completed, the application will be published in the online Trade Mark Journal. Within a two-month period, third parties have an opportunity to file an opposition based upon prior registered or unregistered rights. The most common ground for an opposition is confusion with a prior filed or registered trademark. Some other grounds are descriptiveness and bad faith. About 5% of all applications are opposed, so it’s not something you should really worry about. If a third party is concerned, they will usually request to extend the opposition period by one month and try to resolve the situation amicably.  In many instances, oppositions may be resolved by a simple modification of goods/services (for example, by limiting them). Many cases are resolved without a formal opposition. Step 5: Registration Two weeks after publication, the UK IPO will issue an electronic registration certificate. Paper certificates are no longer issued. We will send you the electronic copy by email. The registration certificate confirms the registration details and registration dates. Once the UK trademark application has registered you may use the ® symbol to indicate that your trademark is now registered. Please do not use ® symbol before registration. You may also wish to state "[YOUR TRADE MARK] is a Registered UK Trade Mark of [PROPRIETOR]". This alerts others to your rights and can act as a deterrent. Note: in the UK one refers to a “trade mark” (two words) whereas in the US and Canada it is “trademark” one word. For simplicity and consistence, we refer to a “trademark”, rather than a “trade mark”. Next step: Renewal A UK trademark registration can last forever, but it has to be renewed every 10 years. A UK trademark registration can be subject to action for revocation for non-use, five years after registration.  

Check out this cool Infographics - UK Trademark Registration process

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A specimen of use is an example of how your trademark is used on goods and services in the marketplace. Goods means products. To show use for goods, your trademark should be affixed/attached on the actual product or packaging of the product. A photo, mockup or drawing of the mark is not enough. A person can submit tags, instruction manuals, containers, labels, or packaging materials. It may be the easiest to take a photo of your product and/or the packaging and ensure that the trademark is clearly visible. Advertising materials are generally not acceptable as a specimen for goods. If you offer services, the easiest way to prove use is to provide a screenshot of your website so that the trademark is clearly visible in the website header. You can also provide flyers, directory listings, and brochures. A business card or a photos of your business signage could be an acceptable specimen of use for services if the card displays your trademark along with the services the mark is associated with. It is important to submit the right specimens of use in order to avoid trademark refusal. If you are not sure which specimens will be acceptable, call Trademark Angel. https://www.youtube.com/watch?v=cY54_IMHmCQ&feature=youtu.be
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You need to submit specimens of use immediately when you file a trademark application based on use. If you file a trademark application based on an intent ­to ­use, specimens of use are not required with the initial filing and can be submitted later. However, you will need to submit specimens of use before your trademark is registered. Your trademark will not register until a Statement of Use is filed. If you didn’t start using some of the products and services, they will have to be deleted from the application (or the application could be divided). Do you always have to file a Statement of Use? No, there is one exception from which foreign applicants can usually benefit. This is when a US application is based on a foreign registration. In such a case, the intent­-to ­use filing basis may be deleted, and a US application may proceed to registration on the basis of the foreign registration alone assuming all other conditions for registration are satisfied. After your trademark registers, you will need to file specimens of use to maintain your registration (between the 5th and the 6th year after registration). You will also need to file specimens of use when you renew your trademark registration. If you are not sure if specimens of use are required, call Trademark Angel. https://www.youtube.com/watch?v=YV6yl-Lzb1g&feature=youtu.be  
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In this video, we will discuss some examples of acceptable specimens of use for your trademark application. First, we’ll discuss acceptable specimens for products. A photograph of the product showing the mark the actual product. Examples: metal plate on a bag or wallet; barbecue grill. Packaging of the product showing the mark. Example: tissue boxes; packaged fruit or vegetables; packaging for a toy. Signage used in a product display in a store. Example: Photograph of the physical product display. Product labels and tags showing the mark. Example: inside label of a t‐shirt; hang tag on a blouse or pants. A Internet page showing the product near the mark and together with purchasing information. Example: a website page shows a photograph of headphones, the mark for the headphones appears above the photograph, the price appears below or next to the photograph, and a shopping cart button or other way to purchase the headphones appears on the page. If your product is downloadable software, you can prove use by showing copies of the instruction manual and screen printouts from the actual program that shows the mark in the title bar, or launch screens that show the mark in an introductory message box that appears after you open the program. A web page showing the mark in connection with the information sufficient to download the software will also be acceptable. A specimen for services generally shows the mark used in the sale or advertising of the services. A customer should be able to associate your trademark with your services on the specimen. https://www.youtube.com/watch?v=NgPs0ty3H0k&feature=youtu.be
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Although a trademark search is very useful and necessary in order to determine if a mark is registrable, the risk and challenge are never completely eliminated. Even an especially thorough search may not uncover every potentially conflicting mark, for several reasons. In the United States or Canada, a newcomer to the search process might expect that it would suffice to check only the records of the USPTO or CIPO. However, one cannot rely solely on a Trademark Office database search, since registration is not necessary to obtaining trademark rights in the United States or Canada. Many valid trademarks exist at common law without ever appearing on the trademark register. Thus, in addition to checking Trademark Office database, one should check the Internet, as well as and also different marketplaces including Amazon, eBay, Etsy, Shopify and company databases looking for the use of unregistered marks. Searching common-law marks is not very easy and is never cheap since there is no single source that lists every unregistered mark in current use in the United States or Canada. There are many potential sources of information that could be searched on, and it is not economical to try to search them all.  Just by way of example, a full search in the US will cost you $1500. Additionally, one cannot expect that every source will provide accurate, complete, and up-to-date information at the time the search is conducted because every database has its limits. The Trademarks Office database, whether Canadian or US, is never completely up to date, because a time lag exists between the time an application is filed and the time it appears in the search database (the delay is about 7-days). Therefore, recently submitted applications will not appear in a trademark search, even though the lag may be only a few days long. Also, foreign applicants may obtain an effective U.S. (or Canadian) filing date that is as much as six months earlier than the actual filing date if they claim priority from the filing date in their native country. That means there is always a risk that a foreign entity may file in the US or Canada, and claim priority from the initial filing date in a foreign country. A search will not reveal a trademark that has not yet been filed. This means you could file an application for the mark thinking that it’s registrable, only to have a foreign applicant “jump the line” with a belated application based on an earlier foreign filing date. Trademarks Office databases are also not always accurate. It’s possible for a system to time out so your search will not uncover all the results. It’s also possible that a trademark is not indexed properly so a confusingly similar trademark may not even show up in a trademark search. Even if the databases were completely up to date, searching would still be an imperfect science. Trademarks do not always follow established rules of spelling, grammar, construction, punctuation, or meaning. Misspellings, wordplay, unusual constructions, creative punctuation, and other inventive variations are commonplace, and they create unexpected pitfalls for searchers. For all these reasons, it is possible to perform diligently and evaluate a search, and conclude that a mark is available, when in fact a direct conflict may exist, hidden from view. Here are a few examples: You may do a search for DONUT for advertising services, and the search is clear. However, you will not know that there is a foreign equivalent trademark in French – BEIGNET and although not identical, this mark may present a serious challenge. In Canada, one must search for French equivalents, and in the US, under the doctrine of foreign equivalents, words in other languages are translated into English and are tested for likelihood of confusion. It’s not possible to search for all synonyms. For example, if you're searching for WALKING DOGS you may not find STROLLING PETS and this mark, although not the same, may be found confusingly similar. A trademark search for LADY VET may not show trademark search results for MADAM PET DOCTOR. Finding different spelling is also challenging. If you search for EXTRAVAGANZA, you may not find EXTRABAGANSA, and if you search for VAGABOND, you may miss BAGPOND. A trademark search for QUICK (Q-U-I-C-K) may not uncover Quick: KWIK, KWIX, QUIK and trademark search for EASY may not uncover E-Z, EZEE EEZY, EASI. Trademark Angel uses Corsearch searching system which allows a search for phonetic equivalents and vowel substitution. Once a trademark search is done, all the data can be organized according to relevance. In addition to this, it’s critically important to search for the right classes. Omitting a class may result in missing an important trademark. It is advisable to search for broader classification than the real filing to catch all possible conflicts. Even so, no search is 100% accurate. That's why we always advise our clients to check the Internet, marketplaces and social media use in addition to asking us to do a trademark search. For social media search, we recommend you use https://namechk.com/, which will allow you to check all domain names, social media usernames – all at once. Coupled with a proper Trademark Office database search, you will have a pretty good idea if your trademark is registrable. Since a search cannot completely eliminate the risk, the realistic goal is to eliminate as much risk as possible. This is why it’s advisable in addition to doing your own, due diligence to go to professionals who're experts such as Trademark Angel, a trademark registration firm with over 18 years of experience in the area of trademarks.
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An Office Action is an official letter from the Trademarks Office. In this letter the Trademarks Office lists problems with your trademark application. You must respond to an office action. If no response is filed, your application will be abandoned. You have 6 months to respond (in the US no extension is possible, in Canada you can get a 6-month extension of time). In your response you have to explain why your trademark should receive registration and you have to address the objections listed in the office action. Administrative (non-substantive) office actions An administrative office action can usually be overcome by providing additional information to the Trademarks Office or by making revisions to your application or to the statement of goods and services. Administrative rejections typically include:
  • Wrong specimens (the photos you submitted showing your trademark in use)
  • Vague or unclear identification of goods and services
  • Wrong classification of goods and services
  • Providing wrong entity type of the applicant
  • Missing disclaimers
  • Missing translation or not providing trademark meaning
  • Missing signature in the application
These objections are fully covered by our ALL IN and BELLS AND WHISTLES packages.    Complex (Substantive) office actions A substantive office action may include descriptiveness or likelihood of confusion issues. Descriptiveness issues arise when your trademark describes, mis-describes or provides a deceptive description of an ingredient, quality, characteristic, function, feature, purpose or use of the identified goods or services. Generic refusals arise when your trademark names the products or services in your application. These are usually very difficult or impossible to overcome. A likelihood of confusion rejection is when the Trademarks Office considers your trademark confusingly similar to an earlier filed trademark application or registered trademark. Your office action letter will list the marks that your application is confusingly similar to. Such a rejection usually requires a long and well-thought out response and/or planning of a strategy. Arguing against disclaimers. If Trademarks Office requests a disclaimer and you would like us to submit an argument against entering a disclaimer, it will also be considered a substantive response. The substantive objections are fully covered by our BELLS AND WHISTLES package.    How can you avoid getting an office action?
  • You can never be completely certain that no office action be received. However, a risk of getting an office action can be minimized.
  • The best way to minimize a risk of getting a substantive (confusion or descriptive) objection is to do a proper trademark search.
  • If a conflicting mark is found, the trademark name may be adjusted or completely changed. Additionally, the description of goods and services can be adjusted to avoid any overlap with the conflicting mark.
  • To minimize a risk of getting an administrative objection, the trademark should be filed using proper specification of goods and services. If specimens of use are submitted with filing, they should properly show use of the trademark. Translation and meaning of the trademark should also be provided at filing.
 
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We have paid subscription to Wolters Kluwer professional trademark search software. It’s called “Corsearch”. According to the World Trademark Review survey, Corsearch ranked #1 in the trademark search category receiving an 8.05 score overall, but also ranked #1 in relevance of records received (7.88), #1 in usability and delivery timing of reports (8.41), and #1 in linguistic capability (7.65). Finally, Corsearch led among all providers in likelihood that the practitioners surveyed would recommend them to colleagues, with an 8.27 score. We use Corsearch to provide the best service to our clients and the most accurate results. So all our trademark searches are done with Corsearch platform. Corsearch allows to search phonetic equivalents and vowel substitutions. We check relevant Trademark Office databases to find the closest marks and check how they are used in the marketplace. Once we generate a report, we do manual analysis and provide assessment of the registrability of your trademark together with our suggestions how to improve your chances of achieving registration.
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[fusion_builder_container hundred_percent="no" equal_height_columns="no" menu_anchor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="center center" background_repeat="no-repeat" fade="no" background_parallax="none" enable_mobile="no" parallax_speed="0.3" video_mp4="" video_webm="" video_ogv="" video_url="" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" video_preview_image="" border_size="" border_color="" border_style="solid" margin_top="" margin_bottom="" padding_top="" padding_right="" padding_bottom="" padding_left=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" spacing="" center_content="no" hover_type="none" link="" min_height="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="left top" background_repeat="no-repeat" border_size="0" border_color="" border_style="solid" border_position="all" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="" margin_bottom="" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset="" last="no"][fusion_text columns="" column_min_width="" column_spacing="" rule_style="default" rule_size="" rule_color="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id=""] Start the process by contacting us. Order a free trademark search, or contact us to book a free trademark consultation. [/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]
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[fusion_builder_container hundred_percent="no" equal_height_columns="no" menu_anchor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="center center" background_repeat="no-repeat" fade="no" background_parallax="none" parallax_speed="0.3" video_mp4="" video_webm="" video_ogv="" video_url="" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" overlay_color="" video_preview_image="" border_size="" border_color="" border_style="solid" padding_top="" padding_bottom="" padding_left="" padding_right="" admin_toggled="no"][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" border_position="all" spacing="yes" background_image="" background_repeat="no-repeat" padding="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="small-visibility,medium-visibility,large-visibility" center_content="no" last="no" min_height="" hover_type="none" link=""][fusion_text] Trademark search is one of the most important and overlooked aspects of trademark registration process. The purpose of a trademark search is to check if the brand you selected is available for use and registration. Without a proper search, another company may prevent you from using the mark you selected if such use will create trademark confusion in the marketplace. We have written an article about the importance of a trademark search. Read our full article here. [/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container] https://www.youtube.com/watch?v=L9Vb2gxIe8w
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When you file your logo in black and white, you may use your logo in any color. When you file your logo claiming color, you must use your logo in those colors. A color claim is a limitation, which otherwise confers on the owner the exclusive right to use the mark in any color. Therefore, a color claim narrows down the protection for a mark and it is usually advisable to include such a claim only when a particular color is considered to be an important and essential feature of the mark. In addition, a trademark logo in color is usually not the first trademark that should be filed. If an applicant files a first trademark, it’s best to file a word mark in standard characters. Such a trademark will allow the owner to use its trademark logo in any font and style. After a word mark is filed a trademark logo should be considered for filing. Of course, it may be filed at the same time as the word mark if finances allow. Only after the word mark and the logo in black and white are protected, should a logo in color be protected if necessary. What’s the bottom line? Unless color is an essential element of your trademark logo, don’t file in color. Read our article for a full discussion about color claims. https://www.youtube.com/watch?v=1aJYCJOfoPM
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Government Trademark Application Fees

Government fees are not included in our packages and are extra.

Canada

Canadian government filing fee is C$478.15 for the first class and C$145.12 for each additional class. In July of 2019 Canada got rid of the government trademark application fee and now government filing fees are charged per class and there is no registration fee. For applications filed prior to July 2019, C$289.19 government fee still applies.

USA

The US government filing fee is US$350 per class (Base application). There is a limit of 15 items of goods/services per class and we have to use the pre-approved list of goods and services manual. If we use custom description (free-form text), the government fee is $550 per class. Each additional group of 1,000 characters in the free-form text box beyond the first 1,000 is $200. If we file your application based on "intent to use", i.e. future use, then extension of time fees may apply. You should be able to file a Statement of Use stating that you started using your mark in the US within a 6-month period after a Notice of Allowance is issued. Government fee to file a Statement of Use is US$150 per class per mark. If no Statement of Use is filed, it may be possible to obtain a 6-month extension of time. Government fee for an extension of time to file a Statement of Use is US$125 per class per mark. Up to 5 extensions of time may be obtained.

European Union

The EU government filing fee is EUR €850 for the first class. The filing fee for the second class is EUR €50. The filing fee for each additional class is EUR €150.

United Kingdom

The UK government fees are GBP 170 for the first class and GBP 50 for each additional class.

Germany

Government filing fees are 290 Euros for up to 3 classes. Government fee for each extra class above 3 is 100 Euros. Accelerated examination request government fee is 200 Euros.

Australia

The Australian government fees are AUD 400 per class.

New Zealand

New Zealand Government filing fee is NZ$100 per class.

Mexico

The Mexican government fees is $170 per application. Trademark applications can only be filed in a single class in Mexico.

Brazil

Brazilian government filing fee is R$ 415 (US$85) per application, per class Brazilian government registration fee is R$ 745 ($150) per application, per class.

India

Government filing for a Company (for the first class): $150 Government filing for a Company (for each extra class): $130 OR Government filing for an Individual (for the first class): $75 Government filing for an Individual (for each extra class): $70

China

Government filing fee is $65 per class. Government fee to respond to an office action is $120.

Japan

Japanese government filing fee is 12 000 YEN (US$115) for the 1st class and 8600 YEN (US$80) for each additional class. Japanese government grant of registration fee is 28 0000 YEN (US$270) per class.

Turkey

The Turkey Government filing fees are $40 USD (280TL) and government registration fees are US$95 (750TL) per class. Bank fees of $30. The cost of a trademark search in Turkey is $150. We’ll also need a simply signed Power of Attorney.

UAE

The UAE government filing fee is US$1881 per class. In addition, there will be charges of US$200.00 for super legalization Power of Attorney, by UAE Ministry of Foreign Affairs.
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Should I file my different trademarks separately?

Let’s say you have three different trademarks to register: your company name, your company logo, and your flagship product name. Since each trademark registration requires a separate application fee, this means you’ll need to pay this fee three times to get your company fully trademarked. This also doesn’t take into account your attorney’s or trademark agent’s legal fees. Sounds like a pain! So, a trademark attorney that you’ve hired suggests that you combine filings. After all, if your company logo and company name always appear together, why not simply file them together as one trademark to save both time and money? Do not let this shortcut tempt you. Combining filings like this might seem to make a lot of sense, but the complications that arise will only cost you in the long run. The “combined” trademark can’t be separated If you decided to combine filings, and the USPTO approves your registration, then you now own a trademark that can no longer be separated into its composite parts. If you combine your company name and company logo into one trademark, that means you can no longer display the company name by itself, or the company logo by itself, and be protected by trademark law. In short, you own trademark rights to the combined image (because that is how the USPTO approves it), but not to its individual components. That can mean a lot of headaches down the road if you ever plan on evolving or changing your company brand. It may not be an issue now, but it can turn into one Companies regularly change logos. It’s a sign to the public that the company is evolving, changing, and progressing with consumer needs. More so, design motifs and style often change over time, as well. Who knows if your logo is going to look antiquated and backward in ten years’ time? So, after a few successful years, you think to update your company logo. You decide that having the product name visible along with the logo is no longer important (perhaps your company logo has grown ubiquitous!). But stop—you don’t actually own the trademark to your product logo. You own the trademark to the combined image of product name and logo, but because you filed them together, they cannot be separated and viewed while still retaining trademark status; that’s not the way trademark registration works, unfortunately. What you would need to do: file one trademark to protect your product name, and then file yet another for the updated logo (since there is no trademark on the logo itself!). You combined filings to make things easier, not more difficult! A real-world example: Many companies incorporate their names into the design of the logos themselves, like PepsiCo. Do you think that PepsiCo only registered the Pepsi logo as it appears on their soda cans? Of course not. PepsiCo owns the rights to all iterations of the Pepsi logo, as well as the word “Pepsi” itself and the phrase “Pepsi Cola”. If they had decided to file the “Pepsi” name and Pepsi logo as one unique trademark, their ability to police the use of these iterations (in both name and logo) would be greatly limited. In short, combining trademark applications might save money in the short-term, and it might even get around any problems that your separate trademarks (company name or trademark logo) are facing to get approved. However, combining these elements together binds you over time—you are now limited in how you can use your logo and company or product name, and you’ll need to refile for a new trademark registration if you ever decide to change something like your company logo. Don’t get strung up by these issues that can be avoided from the very start! However, you might be encouraged to combine trademark filings if the following is true:
  • One of your trademarks can’t be registered by itself due to competing trademarks, or
  • Your trademark is descriptive and thus cannot be registered by itself
If these exceptions don’t apply to you, then save the stress of trademarking complications by ensuring you file your trademarks separately!
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If one company or person applies for a specific trademark for the first time in any country, and then, within the next six months, files an application for the same trademark in another country and claims priority, then the second trademark application will have the same filing date as the first filed application. For example, if a company filed a trademark on June 10, 2017 in Canada for the trademark TRADEMARK ANGEL and later filed an identical application in the US on November 10, 2017, then the US application will have the same filing date as the Canadian application, i.e. June 10, 2017. For examination purposes, it will be considered as if it was filed on June 10, 2017. If another entity filed TRADEMARK ANGEL application between June 10 and November 10, this other TRADEMARK ANGEL trademark will be refused by the Trademark Office.   Question: If you fail to claim priority within the 6 month window from the initial filing date, can you add a priority claim later? Answer: No. The 6 month priority date cannot be extended.   Question: Can you claim priority from the first filed application if the second application is not identical? Answer: It depends. The second filed application may exclude some goods and services contained in the first application but it cannot be broader.   Question: What will you need from me to claim priority? Answer: We will need a copy of the first filed application, its serial number and filing date (or registration date, if it’s already registered). Also, we will need to know whether the trademark is already in use in any country. If in use, we’ll need to know where it’s being used. https://www.youtube.com/watch?v=tPFWtb2UlD0&t=2s
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  • The full legal name of the applicant (either your company or your personal name)
  • State of incorporation (if filing in your company name) or citizenship (if filing in personal name)
  • The full address of the applicant.
  • The telephone number and email address (not required).
  • The trademark name. If you are filing for a logo, we need to see the logo.
  • The products which you sell or plan to sell under your trademark (provide a list).
  • The services which you offer or plan to offer under your trademark (provide a list).
  • Whether the trademark been used in the US: yes/no. If yes, the date of first use (sale) in the US for each product and service.
  • Specimens of use if your trademark is already in use. Specimens of use are photos of your products with your trademark clearly shown either on the products themselves or their packaging. Specimens of use for services can be a screenshot of your website where your trademark is clearly seen.
https://www.youtube.com/watch?v=v4bZWlgtQGk&t=4s
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  • The full legal name of the applicant (either your company or your personal name)
  • The full address of the applicant.
  • The trademark name. If you are filing for a logo, we need to see the logo.
  • The products which you sell or plan to sell under your trademark (provide a list).
  • The services which you offer or plan to offer under your trademark (provide a list).
  • Whether the trademark been used yet in Canada: yes/no. If yes, the date of first use (sale) in Canada for each product and service. Note: starting from June 17, 2019, this information will no longer be required.
https://www.youtube.com/watch?v=2NblbpPdroU
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No, we don’t need a power of attorney to file your trademark application in most countries. We will need a power of attorney for filing in China though. Also, if you filed with another firm and decided to switch, we'll need to send you a power of attorney form.
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Trademark Registration Process in Canada Note: Declarations of use have been eliminated. Currently, once an earlier filed trademark is allowed, the final registration fee needs to be paid. For trademarks filed after June 17, 2017, no registration fee will be necessary.
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