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

Do I need to register a trademark if my business incorporated?

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 [...]

By |2018-12-01T21:43:36+00:00November 12th, 2018|, , , , , , |0 Comments

What is the difference between a UK and EU trademark?

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 [...]

By |2018-09-19T16:31:00+00:00September 1st, 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 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

Can I use my trademark if it isn’t registered?

It’s perfectly legal for you to use your trademark without registration. However, if you are using a trademark that is similar to another name that was adopted before you adopted your trademark, you may be liable for trademark infringement. To minimize the risk of choosing a trademark that's similar to another name, you should do [...]

How long is a trademark opposition process?

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 [...]

By |2023-04-16T16:26:14+00:00August 4th, 2018|, , , , , |0 Comments

How long does it take to register a trademark?

Here we rank the countries where we file from the fastest to the slowest. 1. Germany is the fastest country and overall champion. It takes 1-3 months, on average to register a trademark in Germany. With accelerated examination, most trademarks register within a month. So this is a clear champion in terms of speed. Sometimes [...]

By |2022-02-16T19:20:38+00:00March 9th, 2018|, , , , , |0 Comments

Title

Translate »

    BELLS AND WHISTLES



      ALL IN


        SAIL THROUGH