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Understanding The Procedure And Regulations For Trademark Registration Application

By Expert Author: Stephan Bell

Trademark registration is vital for a business in order to avoid infringement issues. Applying for brand registration involves certain procedures and varies slightly in the EU and U.S.A.

In a global economy, it is important to trademark a company name internationally. A brand name registered in U.S.A will not provide protection in the EU. If your company requires protection in any of the 27 EU States, a CTM or ‘Community Trade Mark’ is the best option. Once the applicant gets a trademark registration in Europe, you get protection for your brand in all the 27 EU countries.

Applying for Trademark

For trademark registration application, you have to register with WIPO or the ‘World Intellectual Property Office.’ You can also apply at the CTMs in any of the European countries. To get protection throughout EU, you can register for the ‘Madrid Protocol Application’ that includes many international brand registrations. There are experts who can offer advice on the various trademark classes that have to be included in the application. After the application is drafted, it has to be submitted to the Registry. The application is reviewed and then published to check for objections from other companies or individuals. If the advertised application is unopposed for 3 months, it will be registered after you pay a fee. If you have obtained the registration for 5 years, you should use it within this period; otherwise, there is the risk of forfeiting it.

Trademark Application in U.S.A

Just like in the EU, in the U.S.A too, there are stages in trademark registration application. Essentially, there are 3 stages in the process; firstly, you are qualified to apply if you have used your symbol in the American commerce. Another option is when applicants can confirm use of their logo within 12 months after the date of publication. Thirdly, foreign applicants can also get their trademark registered in the U.S. They can also block the date of priority according to their application. The next stage involves reviewing the symbol by an examiner and if any objections, the applicant is notified and alterations suggested. In the final stage, the mark is sent to the Federal Registry for publication.

Company Name Registration

It is important to trademark a company name especially when it is a flourishing business. You will stand to gain when you register the company name because the brand and the image are built on this; in fact, the name reflects your brand. Business owners should have knowledge of their rights and protect your assets accordingly. The USPTO has different classifications for registering your logo or company name. Generally, unique names can be easily trademarked. Invented names are distinctive whereas arbitrary ones are those words that have absolutely no relationship with the products. Evocative words elicit an affirmative association and literal words are straightforward while generic names cannot be protected and it is not easy to get a registration for non-specific words. Although, registration is important, even those who do not register should select names that do not infringe other companies.

Author has specialized in intellectual property law and legal services including services to trademark a company name. In this write up he provides guideline on how to trademark a company name, trademark registration application and protecting your business.

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