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Trade Mark Applications - Progress Sheet

The following is a typical structure of an application for a trademark.

First the proposed mark has to be chosen, and general get up, or graphical representation considered.

Second be clear about each area of business in which it is intended to use the trademark.

Be sure as to the geographical range in which you may wish to trade. Will you need a UK trademark, European trademark, US or worldwide. Registrations worldwide are very expensive, but in a situation where you might be trading across borders, this can be necessary.

A trademark search is undertaken for each of the areas in which it is expected that the mark will be used. For the UK (the rest of this lawbyte assumes that we are dealing with UK trademarks only) a cost will be approximately 175.00 plus vat including search fees for the first mark. Associated marks to be submitted at the same time will be charged on a reducing scale to a minimum of 125.00 plus vat.

The search takes ten days to two weeks following which the results must be considered and if necessary the procedure started again.

If it is proposed to apply for the mark, we will settle with you the exact marks to be applied for, and graphical or other representations. The process coming, assuming there is no objection or opposition, will cost approximately 800.00 plus vat with additional fees for additional categories over and above the first two categories applied for.

The application is completed and submitted on your behalf.

The application is examined by the registry and if accepted, the registry will fix a time for the application to be advertised. This will usually be about six weeks after the application is submitted.

The minimum of three months is allowed for parties to register any opposition to the application. Assuming that no opposition is notified, the mark will be registered automatically.

You will eventually receive a certificate of the mark. Please note that, as with any other asset, your Mark needs to be protected. This means that if you come across any indication of the mark being infringed, you should normally take action to restrict such infringement.

if the Mark is owned by a partnership, it must be trasferred between partners as they come and go.

Trade Marks have to be renewed every so often. We will tell you moe when you receive the certificate.

Important: Please note that our law-bytes are retained for archival purposes only. The law changes, and these notes are often, now, out of date. You must take direct advice on your own personal situation and the law as it currently stands.
All information on this site is in general and summary form only. The content of any page on this site may be out of date and or incomplete, and you should not not rely directly upon it. Take direct professional legal advice which reflects your own particular situation.
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Copyright and Database Rights: David Swarbrick 2012
18 October 2013 http://www.swarb.co.uk/lawb/ipTMApplications.shtml 296 18 October 2013