Why do a Search?
A trademark search is a vital part of the process. It is through the searching process that we can reveal whether your proposed mark is capable of registration. The raison d'etre of the search is to ascertain whether or not there exists an identical or similar mark registered in the same or dissimilar classes that you seek protection in.
If you do not carry out a search then you are applying for a trademark 'blind' and significantly increase the risks of losing the filing fees.
The search may also allow us to identify the likelihood of your proposed mark being registered based on the earlier opposition from examiners and recent case law.
Therefore if you are considering filing for a trademark, we strongly advise you carrying out a search. In order to carry out a search we will require from you a brief description of the good or services, together with your use within your industry. This will assist us when we decide the appropriate area to seek protection under.
There are three types of searches Word (just text), Word and Logo (text with an image), Logo only (just an image). Our search fees cover a word or a logo. If however you wish for us to search against a word and logo, please send the logo to us and will be delighted to send you a full quote. Fees for a word and logo search will not exceed £200.00 +VAT.
A search involves checking the relevant registers for existing identical or similar register trademark which may conflict with a proposed mark. We also consider the proposed mark in line with various restrictions imposed by trade mark law and advise as to whether the proposed trade mark falls foul of any of these restrictions.
Essentially we send our clients a full letter of advice as to whether an application for the proposed mark is likely to succeed. We then discuss with our clients the best way forward.
For the UK, EU, and USA the quoted search fee is just one fee, there is no charge for additional classes.
In terms of International trademark searches, it is necessary for us to instruct agents who are familiar with the local trademark laws and language; as a result charges may be made on a per class basis.
Due to the numerous factors which make up the trade mark process it is not possible to give an absolute guarantee that a mark will become registered. The opinion of an Examiner or a third party opposition is not something which can be predicted. However the search should turn up any major problems which are likely to occur with an application, which should assist you in making a more informed decision based on our advice.
We offer searches throughout the world but have found that the three main areas are:
UK, EU and USA
Our full costs can be found here.
From when we receive your instruction we guarantee a full search report within 48 hours. It is then a matter for you to decide on whether or not you wish to proceed with your application but we will be on hand to discuss this with you and decide on the best way forward.
We can file trademark applications throughout the world but have found that the three most common geographical areas have been UK, EU, USA. For the costs of filing a trademark application please visit here.
UK; Depending on the progress of the mark approximately 4 months
EU; Depending on the progress of the mark approximately 10-12 months
USA; Depending on the progress of the mark approximately 15-18 months
When applying to register a trade mark you must provide us with a list of all goods and/or services which the mark will be used for. The goods and/or services fall into specific classes. There are 45 classes but just tell us what you do and we will draft the perfect classed and specifications for you. Please see our classification page for more details: www.lawdit.co.uk/intellectual-property/international-and-uk-trademark-classifications
A CTM provides protection for a mark in all 27 EC member states; this includes:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, The Netherlands, United Kingdom.
No, it only covers the CTM register itself. It is possible for us to obtain searches for each country but this will add significantly to the fee.
How do I renew it? What are the renewal fees? Once registered a trademark can continue indefinitely, on the payment of a renewal fee every 10 years, provided that it does not remain unused for a continuous period of 5 years and a renewal fee is paid every tenth anniversary of the filing date.
What is the difference between the TM and ® symbols?
The TM symbol merely indicates that you view the mark as your trade mark and as such can be used on either an unregistered or a registered mark.
The ® symbol specifically indicates that the mark to which it is affixed is registered. Consequently it is an offence to use it unless you are in receipt of the certificate for the trademark.
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