When deciding whether to file for either a word mark or logo, it is important to keep in mind that a logo must always be used as it is depicted in your application. In addition, if you file your logo in a particular color in the US, you must always use your logo in that [...]
What is the difference between company name, business name, domain name and brand or trademark? What are different types of company, domain, business or brand names? Let's get the names straight to avoid confusion. Company name: Legal name of the company, either registered federally or in a certain state (or province in Canada). Example: Microsoft Corporation [...]
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 [...]
If you simply business incorporate or register a corporate name, it doesn't mean that the government approved for you to use the name as a trademark. If we take a US LLC, as an example, every state has its own laws about business names. You can register your LLC name in Delaware but the business name registration [...]
A UK trademark only protects you in the UK, which consists of England, Scotland, Wales and Northern Ireland. There is no protection outside of the UK. A UK trademark is filed in the UK Intellectual Property Office (UKIPO). A trademark filed in the EU Intellectual Property Office (EUIPO) is called an EU trademark (formerly known [...]
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.
Trademarks Office in the EUÂ 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 [...]
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 [...]
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.
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 [...]