The trade mark Application process is a complex one, involving a number of technical legal hurdles. Applications for trade marks in almost all countries must be filed with the local trade marks Office.
Trade mark Applications can be rejected for many reasons, costing you time and money. It is therefore best to hire an experienced trade mark attorney to take care of your application for you.
Trademark Solutions provides complete trade mark registration services. Our highly qualified trade mark lawyers offer quick, cost effective services – we don’t charge by the billable hour (which often leads to a cost “blow-out” when using law firms).
In order to have the benefits of a registered trade mark, an Applicant must file an Application with the local domestic trade marks Office (TMO), in accordance with local trademark & IP law, based either upon the Applicant’s intention to use that trade mark or on the Applicant’s prior use of the trade mark in trade and commerce. You should note the following:
Trade mark registration in almost all countries provides an applicant with country-wide exclusive rights to use that trade mark in relation to the goods and services applied for. Registration is the only way to gain that protection!
The use of a registered trade mark removes the ability for an infringer to claim “ignorance” as a defence. Any infringing use of a registered trade mark provides a prima facie right for the owner to sue for infringement of its trade mark.
Registration of a trade mark may also prevent you from a third party using that trade mark as a domain name.
The ® symbol is only able to be used in respect of registered trade marks. It is unlawful to use the ® symbol for an unregistered trade mark.
Trade mark registration provides the trade mark owner with exclusive rights for a period of 10 years. If an infringement of a registered trade mark occurs a successful applicant may be entitled to statutory remedies including damages, legal costs and interest.