Trade Marks

The law defines a trade mark as “a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging”. It distinguishes the goods and services of one trader from those of another. Your logo or name is what makes your brand recognisable. In order to own the rights to it, you must register it.

The process to register a trade mark consists of 5 stages:

  1. Filing stage (= your application has been filed)
  2. Examination stage (= your application is being examined)
  3. Acceptance stage (= your application has been accepted)
  4. Publication stage (= your application is published for oppositions)
  5. Registration stage (= your trade mark is registered)

The registration process takes between 7-8 months (e.g. Australia, USA, EU) and 12-14 months (e.g. China, Canada, India) depending on the jurisdiction.

Once registered, a trade mark will be protected for ten (10) years (counted from the filing date). After the initial ten years, you have the option to renew your trade mark registration indefinitely.

How we can help:

We offer an end-to-end range of protective services for your trade mark, both preventative and responsive, including trade mark registration, portfolio administration and ongoing support services.

Preventative action:

  • Trade mark strategy advice and planning
  • Availability searches and detailed result analysis
  • Trade mark registration (national and international in over 170 countries)
  • Trade mark portfolio administration (e.g. renewals)
  • Monitoring of trade mark databases

Responsive action:

  • Responding to refusals of trade marks
  • Responding to trade mark oppositions
  • Negotiating – e.g. coexistence agreements
  • Drafting contracts – e.g. for IP transactions and licensing

Trade Marks articles