TRADEMARK REGISTRATION

Trademarks are marks used in commerce to identify products and services.

Your trademark is the symbol your customers use to choose you. Registering an exclusive right to a trademark will help you to protect it.

The main condition for a registered trademark is its clear definition; otherwise, neither you nor your competitors will be sure what products or services it covers.

There is an opportunity to obtain exclusive rights to a trademark almost in any country. To do this, you need to go through a procedure called "Registration of a trademark". A legal entity or individual who registered a trademark has the right to prohibit its use by other persons.

Benefits of trademark registration

Registration of trademarks, i.e., registration of the exclusive right to a trademark, gives the owner some other advantages:

• an increase in the price of a product or service, or of the company as a whole.
• the ability to fight counterfeiting or unfair competition.
• the ability to transfer the rights to use the mark to another person.

You can register different types of trademarks. It could be a word or a logo trademark, it could be even a sound trademark.

Trademarks are of the following types:

Word trademarks

A word mark consists of words or letters, numbers, other standard typographic characters, or a combination of it.

Figurative trademarks

This is a trademark that uses non-standard symbols, design or layout, graphics or color, including signs that are purely figurative.

Figurative trademarks containing verbal elements

A figurative trademark consists of a combination of verbal and figurative elements.

Shape trademarks

The shape trademark consists of a three-dimensional shape. This can be a container, packaging, the product itself or its appearance.

Shape trademarks containing verbal elements

Positional trademarks

A positional trademark consists of a specific way of placing or attaching a trademark to a product.

Pattern trademarks

A pattern trademark consists of a set of elements that are repeated regularly

Color (single) trademarks

A mono-color trademark is a trademark consisting exclusively of one color (no outlines).

Color (combination of colors) trademarks

A trademark consisting of a combination of colors (no outlines)

Sound trademarks

A sound trademark consists of a sound or a combination of sounds.

Motion trademarks

A trademark consisting of movement or change in the position of elements of the mark.

Multimedia trademarks

It consists of a combination of images and sound.

Hologram trademark

This is a new category of trademark. Holographic trademarks are composed of elements with holographic characteristics.

International trademark registration

Profitmark.net is an online international patent office. We provide trademark registration service. Benefits of working with us are the following: we ensure services for almost global trademark registration - we carry out the official registration of trademarks in the CIS, the European Union, the USA, as well as in some other countries.

For example, the EU has a 4-tier trademark registration system. Which one you choose depends on the needs of your business.

Let's say you just need protection in one EU member state. You can apply for trademark registration directly with the relevant national intellectual property office. This is the national path.

If you need protection in Belgium, the Netherlands and/or Luxembourg, you can apply to the Benelux Intellectual Property Office (BOIP), the only regional intellectual property office in the EU, to protect your trademark in these three member states. This is a regional route.

If you need protection in more EU member states, you can apply to register an EU trademark with EUIPO - this is the European path.

The national, regional and EU systems complement each other and work in parallel with each other.

National and regional trademarks are essential for users who do not want or do not need to protect their trademarks at the EU level.

EU trademarks provide protection in all EU member states.

The fourth path to protect your trademark in the EU is the international path, through the international trademark registration system. You can use your national, regional or EU trademark application to extend your protection internationally to any country within Madrid Protocol.

Register your trademark online

It is not difficult to register a trademark. There is a certain trademark registration process. To register a trademark online, you need to perform a few simple steps right on the site in real time. We use software that allows us to do all the procedures without visiting the patent office. You just need to check the trademark, fill out the form and pay.

Trademark registration requirements

Each trademark that is registered with the patent office of the certain country must meet some requirements. First, this trademark must not violate the rights of third parties. The main requirement for it is the uniqueness of the trademark. Experts will carefully check a trademark before issuing a certificate for it. They will conduct two examinations - formal and substantive.

The accelerated registration of a trademark is also possible, but only in those countries where it is possible and for an additional fee.

Check your trademark online

One of our services is free trademark check. Directly on our website, using a special system, you can pre-check your trademark. To do this, you need to follow these steps:

1. Introduce the desired trademark.
2. Select a country.
3. Specify registration classes (or search for all classes).
4. Click "search".

After such a check, you will be able to see similar or identical trademarks already registered. In some cases, our experts may suggest that you abandon the idea of ​​registration, or change the name of the mark. In the latter case, the changes you make will help to enhance the distinctive features of the trademark and, therefore, successfully register it.

Classes of registration of trademarks

You need to carry out one more procedure - select the classes for registration in the list of classes for registering a trademark. You can do it using a convenient search. You just have to enter the name of the product or service, and the system will offer class options. It is not advisable to indicate the entire class completely; it is better to clarify those goods or services for which a trademark is required. You should choose only those goods or services that you actually produce or provide.

In most countries of the world, there are regulations that oblige the owner of a trademark to use it for all declared goods and services. Failure to use a trademark may become the basis for partial cancellation of registration, both in relation to a specific product or service, and in general.

Moreover, additional classes increase the cost of registering a trademark. Each next class requires additional payment. A convenient online calculator will help you calculate the cost of registering a trademark.

Trademark registration rules

Your trademark cannot:

• be offensive, e.g., containing obscene words or pornographic images
• describe the goods or services to which it will relate, for example, the word "candy" cannot be a trademark for a confectionery company.
• misleading, e.g., using the word "organic" for products that are not organic
• be a 3D shape associated with your brand, for example, use a shoe shape for boots
• be too general and indistinguishable, for example, be a simple statement like "we show the best way"
• too similar to state symbols such as flags or emblems, in accordance with the guidelines of the World Intellectual Property Organization

Registration of a collective trademark

Collective trademarks distinguish the goods and services of a group of companies or members of an association from those of competitors. Collective trademarks can be used to enhance consumer confidence in goods or services offered under the collective trademark. They are very often used to identify products that have a specific characteristic.

Only associations of manufacturers, service providers or traders, as well as legal entities governed by public law, can apply for collective trademarks.

Trademark registration renewal

A registered trademark is valid for 10 years. If you want to renew your registration, you must submit an application and pay the fee.

Trademark cost

How much does a trademark cost? It`s a natural question. Trademark registration fees are different in different countries. E.g., trademark registration fee in Europe is €850 for one class. A second class will cost you €50. Registration fee in the USA is $350 per class.

How long does a trademark registration last?

The process of registering trademark in different countries takes about 4-12 months from the date of application, depending on the country.