All products and services are divided into 45 classes. Trademarks are filed in these classes, for example, Coca-Cola is for beverages in class 32.
Trademarks exist only in connection with some goods or services, before filing the mark determine the correct class for your products or services.
In the USA, when you file your trademark based on Actual Use, you must provide the US Trademark Office with a photo of your product.
Your trademark must be attached to your product and clearly visible. If you sell services, you should submit a photo of your promotion material or a website.
A descriptive trademark is a mark which describes products or service you sell. Fast for cars and Low Transfer Fees for bank services are good examples of descriptive marks. However, it's not always that obvious. 5 elements for a shampoo might be considered descriptive as it describes ingredients. Those marks are usually difficult to register. It's believed that they will give an unfair competitive advantage to the trademark owner.
You don't have to personally visit the country in order to obtain the trademark there. Our local attorneys will represent you, and you might need to send us a Power of Attorney, however, this will suffice. If you can own a trademark in your own country, you can own a trademark in any other country abroad.
In the USA, between the 5th and 6th year you will need to submit a confirmation that you are still using the trademark and a Specimen of Use. Technically, it can be the same Specimen you submitted 5 years ago, however, we recommend sending a new one. Also, there is a fee associated with filing the declaration. If you do not submit the Declaration of Use (Section 8), the trademark will be abandoned. This procedure is in place in order to ensure that you continue to use your trademark in commerce.
How can you check if we are as good as we write on our website? That's easy. First, you can check our reviews - we have hundreds of positive reviews received during the last few years we started collecting them. Second, you can check the clients we represent in the UK, Australia, and Singapore. We work there directly, and our name is shown on the register. Third, we filed 5000+ trademark applications in the recent years and participated in trademark cases around the globe.
This mark suggests a quality or characteristic of goods and services, but does not describe the characteristic. The difference between descriptive and suggestive marks lies in the immediacy of association—how quickly and easily consumers understand the nature of the product from the information provided. For suggestive marks, the association is not immediate and requires some thinking. For example, Jaguar is suggestive for cars. A regular consumer would think that Jaguar cars are as fast and elegant as a jaguar.
Filing for a wordmark means that you can vary the design aspects of the mark (for example, style, font, upper/lower cases). In this way, you may use it as you wish. That's the first type of the mark you might want to get as it gives the highest level of protection. If you wish to protect a graphic design or image with or without wording, then you must apply for a logo mark. Keep in mind that a registration of a logo mark means that you would have to use the same design in the particular color or colors. Only filing your mark in black and white will allow you to use it in any color you wish.
Yes, it is called a combined trademark. Combined trademark is a combination of a wordmark and a logo. They can be filed in one application, however, in this case, the logo should contain the word part which corresponds the wordmark. Think of the Samsung's combined mark. If your logo has no word part, it means that the word part will have to be filed separately.
Please kindly note that after your trademark is filed, it will be protected as is. If you decide to make any changes, you will have to file one more application and the registration process will be started from scratch. You can delete something from your application: a class, a product within a class, etc. But it's not possible to add additional products or classes.
Please be informed that if we file your logo in particular colors, you will be able to use it only in this color variation. Logo in a particular color will limit the scope of protection, but at the same time, will give more protection to the colors. This is advisable only in the cases when the colors are more important than the form of the logo. If you still want to use your logo in any color, you should file black and white drawings of the mark.
If you have doubts about the probability of registration of your trademark, you may order our Extensive Study. Generally, a trademark attorney has a more profound understanding of the reason for a trademark registration refusal and can evaluate the possibilities of registration. When performing an Extensive Study, the attorney will search for similar trademarks which may be considered confusingly similar during the registration process. Depending on the results, we will provide you with the probability of registration of your trademark and our recommendations on how to improve it. This will allow you to save time and money as you will apply only for a trademark that can be registered.
Please be informed that before sending the request, we should determine if your trademark is registrable. First of all, generic and descriptive marks cannot be registered (E.g. Sweet Candies for candies is descriptive). We need to make sure that your mark does not describe your product, its ingredient or its qualities. The next stage is to determine if there are identical or similar trademarks to yours in the same classification of goods/services, you provide. If we define that your mark is unique, then we can proceed with the registration.
Once your trademark is filed, any new adjustments, such as adding a new class or a new product, are not possible. Therefore, if you wish to make any adjustments after the filing, you'll have to file a new application for the full price. Therefore it's highly recommended to add all desirable classes before the filing your trademark for registration.
If you register your trademark in the UK, you can add all the products you sell without an additional fee provided that they are in the same classification of products. You can check if your products fall into the same class in the link. We usually recommend adding all the products you sell and plan to sell within the next 3 years, provided that they fall into the same class. Also, it’s cost-effective to add an extra class for other products for an additional fee.
If you decide to register your trademark we will need the following information:
- Full name of the owner. It can be a company or an individual;
- Full address of the owner;
- Your trademark with or without your logo;
- A detailed list of goods or services you wish to cover;
No further information from your side is required, we do the rest of the work and keep you posted on the progress.
Besides the USA and countries where POA is required!
If you decide to register your trademark we will need the following information:
- A basis for filing: "Actual Use", "Intent to Use" or "Foreign registration";
- A specimen of use.
- Provide us with the trademark name and goods or services you sell;
- We will check if there are any identical trademarks in the country/countries you wish to apply;
- If your trademark is available and you wish to proceed, we provide you with the invoice and send you the list of the required information from your side;
- After the payment is received, the trademark will be filed in 3-4 business days;
- We will do the rest and will keep you posted on the progress;
The registration process in the UK takes around 4 months, and we will not require any additional documents to get it started. After receiving your order and the required details, the mark will be filed within 3-4 days. The process is quite simple: the first part of the examination takes around 3-4 weeks, followed by a publication period (when the public can object to the registration of your mark) of 2 months. After the publication period, provided that there are no objections, the mark will be registered within 1 month.
Please kindly note that after your application is filed, you will receive a filing number in the next 5-6 days. However, a filing number only means your application is in the process, and you can use it to check the status of your mark on the official website of the Trademark Office. Unfortunately, this number has no legal protection for your mark. You will be able to use your trademark when it is registered.
No, it is not necessary to apply for a trademark to have a business on Amazon. The purpose of having a registered trademark is to protect your products from imitators and hijackers.
When you create a listing, other sellers can claim that they sell the same product, and they will be shown on your listing as additional sellers of the same product. Amazon does not check if they actually sell the same product, and therefore they can sell fakes and poor quality goods for less. Angry customers will leave negative reviews for the product on your and other sellers' listings, and these will damage the reputation of your brand. When you have a registered trademark, you can protect your brand on Amazon Brand Registry, which gives you control over your brand’s product listings on Amazon and also will allow Amazon to remove suspicious or inaccurate content.
If you register your trademark in the UK, you will be able to join the Amazon Brand Registry in the USA or any other country that is covered by Amazon. However, you will not be able to remove the hijackers from the other portals of Amazon except for the country where you have registered your mark. For removing them, your trademark must be registered in the respective country. Hence, if you wish to be on the safe side, we recommend that you file your trademark where you have your main business.
Please kindly note that our prices are very close to our costs, and normally, our fees are 20-40% lower than those of other attorneys. We would be able to offer you a discount in case of multiple filings (more than three countries or more than three classes).
Yes, it's possible to sell (transfer or assign) your trademark partly or entirely to another person. For example, you have a mark for beverages and cars. You might decide to transfer the mark to another company, but only for cars. Thus, the company will be able to produce cars using the trademark and you will be producing beverages. The transfer process can be complex in some countries. You can find more details here.
Surely, you can do it yourself. It will be the cheapest way, though not the fastest. The trademarking systems are territorial, which means there are countries with an easy system, such as the UK, and EU, where you can hire an attorney later, in case any problems appear. And not – the US, where 60% of all trademarks get objected. Even a small mistake can lead to losing your trademark in the future. So it is highly recommended to hire an attorney from the start. He can make an extensive study and confirm whether your name can be trademarked and if there is any probability of opposition. Anyway, the specialist may save you time and money, as he can trademark your brand in any country without your attendance.
For the registration in Europe, we use the EUIPO system, which includes registration in 27 countries of Europe. The price for registration is [currency:1119] in one class and [currency:299] per each extra class. The process takes 6-7 months from filing to registration in all the EUIPO countries. Member states of the EUIPO are the following: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden. The UK ceased to be a member on 29 March 2019. EU Trademarks are also valid in the following overseas departments: Guadeloupe (GP), Martinique (MQ), French Guyana (GF), Saint Barthélemy (BL), Saint Martin (MF), Réunion (RE), Åland Islands (AX), Madeira, Azores, Ceuta and Melilla, Canary Islands, and Gibraltar.
We would like to inform you that the trademark process is established by the trademark offices of the country. The only way we can speed it up is to file the trademark as soon as possible and avoid making any mistakes on the application. Our experienced attorney will ensure that the application will be filed correctly.
Please be informed that trademarks are territorial and must be filed in each country where protection is sought. Therefore, your registered trademark will not protect your goods abroad.
There is no way you can do it for free. Every country or agreement has its obligatory fee for trademark filing. The only way to reduce your expenses is to file a trademark yourself. But due to a plenty of pitfalls during trademark filing, you can lose a lot of time and money if you make even an unessential error. That’s why hiring an attorney will provide you with a high guarantee of registration.
Our price includes all the legal and official fees for a straightforward registration, you will not be charged extra. Also, our fees include responding to simple requests from the Registrar.
At first, you should ask yourself whether you really need to do it now, do you get enough income, and do you want to extend your business. If the answer is yes, then you must trademark your business to protect it as only registration can protect you against hijackers and allow you to sue for using your trademark illegally. But remember that trademarks are territorial, which means that they are protected only in the countries in which they are registered.
This symbol can be used to inform others that you think that the word is your trademark. In some countries, such as the USA, UK, New Zealand, Australia, and Canada, this will give you common law rights. But still, your mark is not officially protected, and to sue someone for using your trademark illegally, you need to register it. Remember that trademark is your asset as customers associate your products or services with the name of your business, and this name distinguishes you from your competitors. Owning a trademark means that you—and only you—can use it for your products or services.
Ideally, you should. Otherwise, other sellers can register your trademark and shut down your listings. As you had prior use, you will be entitled to common law rights in the US and UK, however, enforcing such rights will take a lot of money, time, and effort. Your trademark registration will help immensely in the long run and protect your future profits.
You can change the currencies between EURO, GBP, and USD on our website. Also, we accept AUD, SGD, and PLN.
It is a way more elaborated search than simply using the IP database and takes at least an hour of our attorney's time to provide a report with the probability of registration of your trademark and the recommendations on how to improve it.
This is a specific form confirming that you wish to renew your trademark and use it for another 10 years. The mark should be renewed every 10 years after the date of filing. The cost to renew a trademark is close to the price of a new application (the legal fee costs less, but the official fee is higher than the first filing), however, the process will be faster and smoother. If you renew your trademark through the same representative, the POA is not required. All required information is just your trademark number and payment.
If you sell the products on your own as a sole proprietor, then it is not a problem to file as an individual. However, if the individual is doing their business through the company owned by them, it is highly recommended to file as a company.
Please kindly note that the trademark assignment service we offer to you includes the following:
- Receiving and verifying the documents;
- Changing the representative of the trademark;
- Submitting the documents at the Trademark Office;
- Paying a government fee;
- Monitoring the process of changing the owner;
- Informing you of any progress;
You will be able to use your trademark on all your products that you already sell or plan to sell in the future, but the "R" sign you will be eligible to place only on the goods mentioned in your application.
The duration of a trademark is territorial, as all countries or offices have their own laws for trademarks. In the majority of countries, trademark registration is valid for 10 years from the date of application. Also, you will have a grace period in 6 months from the expiration date of the trademark for trademark renewal. It means that you need to apply for a trademark only once and if it is granted, you can keep your mark alive as long as you wish, just need to pay renewal fees. But this process has some peculiarities in the USA. After 5 years of continuous use of the mark in the U.S., the registrant can elect to claim an “incontestability” status, making the registration subject to fewer legal theories that could result in cancellation. An Affidavit of Use and proof of use must be filed between the 9th and 10th-year post registration for trademark renewal. Then the registration can be renewed for the next 10-year periods.
Kindly note that we should select the product description according to the approved classification of goods and services in the USA. If your products/services are not mentioned in the US approved list we will have to go with TEAS RF form, which is required an extra payment of US$50 per each class. Also, If the number of your goods is above 20 the government commission of [currency:50] required as well.
A trademark registration in the UK provides protection for the trademark in the United Kingdom of Great Britain and Northern Ireland and automatically extends to the British Indian Ocean Territory, the Falkland Islands, and the Isle of Man.
Trademarks are territorial, and owning a trademark in one country usually does not help to get the same mark in another country. This will not speed up the process nor increase the probability of getting the registration.