Three simple steps.
The trademark application process can be described in three steps: a preliminary study, the application and registration, and the issuance of the certificate with monitoring afterwards.
Preliminary study
Although optional, it is beneficial to conduct a study of your target market prior to filing a trademark there. This provides information on the probability of a successful registration, as well as details on conflicting marks and the competitive climate.
Application and registration
Trademarkers manages the entire filing process with the trademark authorities. We liaise between all parties, keeping you up to date on your application status. If any objections are raised against your application, we advise you on the best course of action.
Issuance and monitoring
When your application is complete, we deliver a certificate of registration along with all pertinent details. At this point, monitoring is recommended for protection against infringement and for the enforcement of your rights.
Four questions.
I want an idea of where I can use my trademark
The first step towards a trademark is to find out whether it is available at all in your target regions. Some countries have readily available information on the internet about existing registrations; many do not. A study by our local attorneys answers the question for each market.
I want a trademark registered in a specific country
If your brand will be used in a single country and you have no plans to expand elsewhere, the simplest solution may be to register a trademark in just that country. This tends to be a simpler and less expensive process.
If your target country is part of a treaty region, it may make more sense to register with the relevant regional trademark authority. This allows for registration across multiple countries in a single application.
I plan to use my trademark in several specific countries
If you need trademark protection in several countries, or plan to expand your brand later, there are several options:
- If your target countries do not share a common treaty region, you can register separately with each country's trademark office.
- If the countries fall under a treaty, you can register with the treaty office.
- You can register under the Paris Convention, a treaty which covers most countries worldwide.
If you would like us to put together a quote, please contact us with the details; we get back to you shortly.
I need worldwide trademark protection
For brands requiring global registration, the best option can be to file under the Paris Convention, which covers most countries worldwide. Individual countries reserve the right to examine and refuse the mark, so a worldwide filing is a set of national decisions.
If you require worldwide brand protection, we would like to hear the specifics and consult you on the best option for your situation. Please contact us and outline your trademark needs.
Treaty regions are formed by countries which share a common language, geography or economy. They allow trademarks to be registered across all member countries in a single application. Some treaty regions:
Countries which recognise the Paris Convention are also considered a treaty region. This system allows for a single, streamlined application for multiple countries. Although very convenient, it is not a universal solution for worldwide filing: your trademark may face oppositions in certain countries, and the individual trademark offices ultimately decide.
Priority filing (also known as the right of priority) is the time-limited right of the owner of a trademark to file subsequent applications in other jurisdictions for the same trademark. To claim it, the subsequent applications must be filed within six months (not twelve, as for patents) of the submission date of the initial application. Priority gives the later application the filing date of the first one.
For example, a company may want to file a trademark in Germany and Canada. An application is made in Germany on January 1st, giving the applicant priority across the Paris Convention until June 30th. As long as the Canadian application is made by June 30th, it claims that priority.
It is highly recommended that subsequent applications be filed as soon as possible. Certain countries have requirements for claiming priority, and arranging the necessary documentation can take time.
Trademarks are classified under categories of goods and services. Known as the Nice Classification, there are 45 classes (1 to 34 for goods and 35 to 45 for services) which are recognised by nearly every jurisdiction in the world. In most countries your trademark may fall under multiple classes; in a few countries you are limited to one class per trademark.
Your trademark is only protected in the classes you specify at the time of application.
Browse the class descriptions, or use our Nice Classification search to find which classes your products and services fit in.