What is the procedure to get a trade mark registered?
An application is filed with an indication of the good/services for which the mark is used or intended to be used. The goods and services are divided into 45 separate classes, and fees are payable for each class indicated in the application. The application is examined, and will not be registered if the trade mark is: • descriptive and likely to be used by other traders; • substantially identical or confusingly similar to another mark for the same or closely related goods or services; • or use of the mark is likely to cause confusion in light of the existing use of a similar mark by a different owner. If such objections are raised your trade mark attorney may possibly overcome them depending on their nature. For example, if the Trade Mark Office rejects your mark on the basis of descriptiveness, then demonstrating you have a reputation in the mark by having used it for a considerable period, may overcome such rejection. If your trade mark application is accepted it will undergo a 3 mon
