How do I file a trademark

Intellectual property owners can file a trademark for registration purposes in a number of ways. Individuals or companies can apply for registration of their mark independently, however it is advised to enlist the assistance of a professional consultancy firm or trademark attorney to assist you. The selected country or countries in which you want to file for trademark registration will ultimately determine the process of how to register your mark.

Registration of a trademark

Enlisting the assistance of a professional consultancy firm or registered attorney to file a registration application on your behalf is highly advised. Legal professionals and experienced consultancy firms who have experience with the trademark industry will have knowledge and a good working relationship with the appropriate intellectual property offices required to register a mark. This means that the overall registration of a mark can be completed successfully and quickly.

There are a number of ways to file a trademark. For example, owners wishing to register their mark in several EU countries will file their application with OHIM. This application procedure however will vary considerably compared to filing an application through WIPO, which is applicable for owners seeking registration rights in several countries globally. Similarly, to file a trademark through individual national registries, will incur a separate application process also.

Steps involved when registering a trademark:

  1.  Owners must submit their trademark with the number of classes required to their selected consultancy or attorney. The classes you will select are found in the Nice Classification system.
  2. A trademark search is then conducted to ensure the trademark is in fact available for registration.
  3. Providing the mark meets the relevant critera and standards stipulated by both the applicable trademarks act and intellectual property registry, the mark can be filed for registration
  4. It is important to acknowledge that all trademarks must be capable of being represented graphically, be unique and distinctive, and capable of economic return.

For individuals or companies who do not possess a trademark but wish to obtain one for registration purposes and brand identity, they can enlist the assistance of a professional to design the mark in compliance with the necessary laws.