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Registering Trademarks

The application form is meant to easily, and quickly give us the information we need in order to develop your trademark application in your preferred Jurisdictions. We personally prepare, file, and prosecute your application until it is advertised for opposition. When we receive this application request we will prepare and forward your application, along with additional instructions, for your review, comment and reply.

Trademark Registration
Trademark rights are territorial in nature, meaning that when you file for a trademark registration, it is effective only in the country where you applied. When filing an application to register a trademark you must specify the goods and/or services for which the trademark is used. For this purpose, goods and services are divided into classes.

The time it takes for review and examination of an application varies greatly from country to country. In many countries, it takes about 8 months to one year.

Once an application is approved, it is published in an official publication usually referred to as a gazette for opposition. The period of opposition is 1 to 3 months, depending on the country. During this time, anyone with a similar mark can file an objection which, if not amicably settled, results in a hearing with evidence submitted before the designated tribunal of the government registry. If no opposition if filed, the application proceeds to registration. It may however be noted that in many countries there is no procedure for opposition.

What happens if you do not register your trademark, and you find out that someone is using an identical or similar mark? Without a trademark registration, you cannot file for trademark infringement. You do have some protection in common law countries in the form of an action for "passing off." This is a costly and difficult legal action to pursue, where the accusing party has to show reputation in his mark; misrepresentation on the part of the defendant; and damages. This remedy is not available in civil law jurisdictions such as Latin American countries.

If you do not register your mark and someone else registers a similar or identical mark, the owner of the registered mark can prevent you from using your mark. This is because a trademark registration certificate is a prima facie evidence that the mark is owned by the proprietor indicated in the certificate.