What are considered absolute grounds for trademark refusal?

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 [...]

By |2019-05-07T15:48:40+00:00December 14th, 2018|, , |0 Comments

Why is it important to monitor newly filed trademarks in the EU and the UK?

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 [...]

By |2018-09-01T22:08:13+00:00September 1st, 2018|, , |0 Comments

Do I have to use my trademark in Australia prior to filing? Do I have to use my trademark after registration?

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. [...]

By |2019-01-08T21:27:19+00:00August 4th, 2018|, |0 Comments

Do I have to use my trademark in the European Union prior to filing? Do I have to use my trademark after registration?

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 [...]

By |2018-08-04T22:50:54+00:00August 4th, 2018|, |0 Comments

Do I have to use my trademark in the UK prior to filing? Do I have to use my trademark after registration?

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 [...]

By |2018-08-04T22:46:09+00:00August 4th, 2018|, |0 Comments

Do I have to use my trademark in the US prior to filing? Do I have to use my trademark after registration?

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. [...]

By |2018-08-04T22:34:36+00:00August 4th, 2018|, |0 Comments

Do I have to use my trademark prior to filing in Canada? Do I have to use my trademark after registration?

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 [...]

By |2019-08-13T09:09:06+00:00August 4th, 2018|, |0 Comments

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