It is necessary for trademark owners to be aware of the various legal obligations and industry requirements to meet in order to register a trademark. These requirements tend to differ from one country to another; therefore, it is important to obtain the professional guidance of an industry expert to ensure you follow the correct procedures.
Trademark registration requirements
A trademark seeking registration in one or several countries worldwide, must meet the necessary requirements as stipulated by the appropriate trademark registry or registries. For example, trademark registration in the U.S must meet the standards set by the USPTO, however, trademark registration in many jurisdictions located across the globe will require the mark to meet the standards set by WIPO – World Intellectual Property Office.
As mentioned, the terms for registering a trademark will vary according to the country and its relevant trademark registry. However, the general conditions that must be met for a trademark to qualify for registration include:
- Graphical representation – The mark must be capable of being represented in a graphical format, with the use of words, numbers, letters, logos, designs, or a combination thereof.
- The mark must be distinctive – This means the trademark cannot be the same or similar to that of another trademark, particularly if the other trademark is already registered.
- Avoid offensive/immoral marks – Any mark that is regarded as being offensive in nature, or immoral, will not obtain approval from an IPO for registration.
- Non-descriptive – It is important that a trademark is non-descriptive in nature, and although names can be used, you will need to gain approval to use the names of places in certain jurisdictions.
The trademark industry is vast, and the legal rights over a trademark gained from registration will vary between different jurisdictions globally. It is therefore essential that assistance of a professional consultancy is attained to help you meet the necessary trademark requirements.
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