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Frequently Asked Questions

A trademark is a legal registration that grants exclusive rights to use a company's brand names, slogans, and logos. By registering a trademark, a company can prevent other sellers from using similar marks without risking legal action, ensuring their brand remains legally and exclusively theirs.

A trademark can be removed from the register if it conflicts with an earlier trademark or has not been used after the grace period.

Anyone who can contract can submit a trademark application. However, in some countries, non-resident entities may need to hire a local attorney to represent them before national authorities.

After completing the registration process, the trademark owner obtains exclusive rights over their trademark. Legal protection ensures that the brand is protected from imitators who may use similar or identical marks without permission.

Yes, a company can register a trademark for their name or logo if they use it to differentiate its products or services from those of its competitors.

A trademark search entails reviewing public and private databases to determine whether a desired trademark is available. It's important to note that a trademark search involves more than simply ruling out "exact matches."

If a trademark application is identical or similar to an already registered trademark, the trademark office will reject it. Once a trademark application is filed, no changes can be made, and the trademark office will not refund fees for rejected trademark applications. Conducting a trademark search can help prevent wasting time and hundreds of dollars in government fees by applying for an unavailable trademark.

A knock-out search identifies trademarks that are nearly identical or identical to the one being searched for, but it does not provide a complete picture of how likely a trademark is to register. It does not consider confusingly similar trademarks in related categories of goods and services, which require knowledge of trademark case law, or earlier unregistered uses of a trademark, which necessitate a search beyond the registered trademark database.

Trademark Assured offers a common law trademark search that uses proprietary search software to search several public and private third-party databases to find potential earlier, unregistered users of the desired trademark. This search is essential for ruling out any earlier use of the trademark by an unregistered party.

Yes, Trademark Assured includes a trademark search performed by an attorney with every trademark application service. For those who want an attorney-performed search but plan to file and manage their trademark application themselves, Trademark Assured offers a stand-alone search service.

Yes, it is. The search report includes a review of public and private third-party databases to find potential earlier, unregistered users of a desired trademark to avoid future trademark infringement issues.

An international trademark registration is a legal process that allows trademark owners to protect their trademark in multiple countries through a single application. It is important because it can save time and money for businesses seeking to expand their brand globally.

International trademark registration is covered under the Madrid System, which currently has over 120 member countries, including the United States, the European Union, China, Japan, and Australia. A list of member countries can be found on the World Intellectual Property Organization (WIPO) website.

The benefits of an international trademark registration include simplified and centralized registration procedures, protection of the trademark in multiple countries, and cost savings compared to filing separate trademark applications in each country.

Yes, an individual or a small business can register for an international trademark. There are no restrictions on who can file for an international trademark registration, as long as the trademark is eligible for registration and meets the requirements of the Madrid System.

The cost of filing for an international trademark registration varies depending on the number of countries where protection is sought, the type of trademark, and the legal fees associated with the filing. However, WIPO provides a fee calculator on their website that can help estimate the costs associated with international trademark registration.

The international trademark registration process can take anywhere from several months to over a year, depending on the country, the complexity of the application, and any potential opposition from third parties.

Yes, if you have already registered your trademark in your home country, you can apply for an international trademark registration through the Madrid System. This process allows you to extend your trademark protection to other countries where you intend to do business.

The Madrid Protocol is an international treaty that simplifies the process of obtaining trademark protection in multiple countries. It is administered by WIPO and provides a centralized application and management system for international trademark registration.

A trademark is a symbol, logo, word, or phrase used to identify and distinguish goods or services in the marketplace, while a patent is a legal document that grants the exclusive right to make, use, and sell an invention for a limited period of time.

If you believe that your international trademark has been infringed upon, you should seek legal counsel and take appropriate action to protect your rights. This may include sending a cease and desist letter, filing a lawsuit, or pursuing alternative dispute resolution methods.

Trademark renewal needs to be filed between the fifth and sixth year anniversaries of the trademark registration, and then before every 10th anniversary after the first renewal. For example, you need to file for renewal before the end of the sixth year, 10th year, 20th year, 30th year, and so on.

You will need to provide proof that your business is still using the trademark in the same way as when it was originally registered. If there have been changes in the mix of goods or services, it may be necessary to file another trademark application or remove unused goods and services from the original application.

No, it is not possible to modify the words or design of a trademark during renewal. Unused goods and services may be removed during the renewal process. If the trademark has been sold to a new owner, ownership must be updated before renewing through a separate filing.

No, if the trademark is being used to promote new goods and services not listed in the renewed registration, a new application should be filed for those goods and services.

As long as renewals are filed on time, a trademark can be renewed indefinitely. For example, the Coca-Cola logo has been continuously registered in the US since the late 1800s, and it has gone through multiple renewals over the years.

If a trademark renewal is not filed by the final deadline, the trademark registration will be abandoned. A new trademark application will need to be filed to secure trademark rights.

Yes, you have the option to add this service to your order with minimum charges when submitting your renewal application. The declaration can be filed during either the sixth year or tenth year renewal.

Most trademark renewals are processed within 3-4 business days after receiving payment and all required information and government fees.

Trademark Monitoring refers to the process of searching for unauthorized sellers who may be using a company's existing trademarks, including phrases, logos, and packaging, on various platforms such as online marketplaces and social media. It is important for businesses to remain vigilant and quickly address any unauthorized use of their trademarks to protect their brand integrity and prevent potential legal disputes.

Trademark Monitoring is crucial in protecting a brand's reputation and preventing costly lawsuits. By actively monitoring the market for potential infringements, companies can take proactive measures to safeguard their intellectual property.

Our Trademark Monitoring services offer 24/7 automated software monitoring, tracking of global websites, monthly reports, and personalized notifications for efficient results.

If you discover that someone is using your details without authorization, it is important to consult with an attorney who specializes in trademark law.

If you are not currently monitoring your trademarks, you may be at risk of infringement. It is advisable to consider trademark monitoring services to protect your brand and intellectual property.

We have a strong incentive to provide effective trademark monitoring services because discovering potential infringers means more business for us. Therefore, we are committed to being vigilant in our monitoring efforts.

A Trademark Office Action is a letter issued by the UKIPO when an issue is found in a trademark application. It explains the reasons why the registration of the trademark is being denied. To resolve this issue, the applicant may need to file an Office Action.

There are two types of Trademark Office Actions: non-final and final. A non-final Office Action is issued when an issue is raised for the first time, while a final Office Action is issued if the applicant fails to resolve the issues raised in a previous Office Action.

If an applicant fails to respond to a Trademark Office Action within six months, their trademark application is at risk of abandonment. If the application is abandoned, the entire registration process will need to be restarted, which could take a considerable amount of time and effort.

As we are not attorneys we cannot provide legal advice. However, we can evaluate and assess a Trademark Office Action to determine its eligibility and then discuss with the applicant if its services are suitable or if the assistance of an attorney is required.

An Office Action can be issued for many reasons, including faulty descriptions of goods and services, evidence that the trademark is merely descriptive, similarity to existing marks, or failure to respond properly to earlier office actions. Understanding the cause of an Office Action can help an applicant take corrective measures to protect their intellectual property rights.

If a Trademark Assured's attorney filed the application, the applicant will be notified of the issue and provided with options. If the applicant filed the application themselves, the trademark office will email a notice to the address used when filing the application.

An applicant has six months to respond to a Trademark Office Action. However, responding sooner will allow them to know sooner if their trademark can be registered.

The time it takes for the trademark office to review a response to an Office Action depends on the assigned trademark examiner's workload and the complexity of the case. Generally, a determination is made within two weeks to a month of receiving a response.

No, there are no government filing fees to respond to an Office Action.