Depending on the jurisdiction in which you register your trademark in, the national office and registry procedure will differ. For the European Union, the national trademark office is known as OHIM and comprises of a Europe wide database which shows which trademarks are available and which are not throughout the entire European Union. OHIM is an abbreviation for “office of harmonization in the internal market”. The organization focuses its efforts on registering valid trademarks across all 27 EU countries.
When registering a trademark it is vital that a thorough trademark search is conducted in advance of submitting the trademark application. By conducting the trademark registry search this will ensure your trademark is unique and identifiable to your brand, goods or services only. The application procedure can take anything up to 6 months to complete.
To learn more about the trademark registry procedure and how DeltaQuest can assist you, Contact DeltaQuest using our online form.
If you wish to register a trademark you can initiate the process by completing our Trademark Application form.
National Trademark Registration
The process of registering your trademark with the appropriate trademark registry will vary depending on the country you wish to register a trademark in. Where a mark is to be registered in a selected country which is not party to an intellectual property agency such as OHIM and WIPO, an independent trademark search and registration will be required. In these circumstances it is strongly advised to enlist the assistance of a professional consultancy who are experienced in country specific trademark registration procedures. Requirements for a trademark will differ between jurisdictions, from the specifications of an acceptable trademark to the period of validity.
Community Trademark Registration (CTM)
Community trademark registration is an effective asset protection tool sought after by many companies operating within the European Union. A CTM is a registered trademark that is valid throughout the European Union for a period or 10 consecutive years and is renewable on expiry for periods of 10 years there after.
Community Trademark Registry Procedure
The community trademark registry procedure is a relatively straightforward and timely procedure to endure. A single application for the trademark will be filed to OHIM where the application will be then be reviewed and either approved or rejected.
The trademark registration process is as follows;
- Filling of trademark application
- Examination of the application by OHIM
- Trademark registry search conducted
- On application approval the trademark will be published giving time for opposition to be filed
- Where opposition is rejected the trademark will be successfully registered, however should the opposed application be valid there will be an opportunity to appeal the decision
Once your application for your CTM is approved, you will be able to view the details online, on the OHIM official website.
International Trademark Registration
To file an international trademark the appropriate trademark registry is referred to as WIPO – World Intellectual Property Organization. This particular trademark registry is headquartered in Geneva, Switzerland and at present has 184 member states. WIPO operates the Madrid System which is governed by the Madrid Agreement and the Madrid Protocol.
Who can apply for an international trademark under the Madrid System
Any “natural person” or “legal entity” may apply for an international trademark under the Madrid System provided they meet certain criteria;
- Applicant must have an industrial or commercial establishment in a country party to the Madrid agreement, or
- Applicant must be a national or domiciled in a member state party to the Madrid System or Madrid Protocol.
Application procedure for an international trademark registration
- Filling of trademark application
- Examination of application by WIPO
- On approval of trademark application, the trademark is recorded in the International Register
- Certificate of international registration is then sent to the trademark holder
- Trademark Offices of all contracting parties (countries) on examination of the trademark, decide to protect or refuse the mark
- An international trademark is valid for 10 years, renewable every 10 years thereafter