If the initial review does not reveal any serious obstacles to trademark registration or results in an effective strategy of risk reduction, we will proceed with drafting the application.
Most countries accept digital applications and support digital records management.
We will need information about the applicant, a list of all goods and services (the specification) for which an applicant uses or intends to use the trademark and a high-quality representation of the trademark. Some jurisdictions will require a legalised Power of Attorney. Our partners will assist you file the necessary documents.
Within the statutory deadline, the national registry will check the application for completeness and possible mistakes and confirm that the statutory fees have been paid.
A formal examination is followed by a substantive examination. It is done to assess if the trademark applied for meets the registration criteria. Objections to trademarks could rise either on absolute or on relative grounds.
Absolute grounds:
Substantive examination
A mark is devoid of distinctive character
A mark is contrary to public policy
A mark is of such a nature as to deceive the public
A mark is identical / similar to earlier trademarks or applications
on relative grounds:*
* Some jurisdictions do not examine a trademark application on relative grounds. In such countries a formal examination is followed directly by a trademark publication.
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Registry objection to trademark registration
Where grounds for refusal of a trademark registration exist, the registry will inform you of this and set the deadline for your reply.
The reply to the objection is expected to be filed to the registry within a month. The timeframe depends on the jurisdiction.
Our team will analyse the grounds for refusal, come up with a comprehensive strategy and prepare a reasoned reply.
When the examination process has successfully completed, the trademark is published in the relevant official journal.
After the publication, your application is open to opposition. Anyone considering opposing your application may file an opposition within the statutory period.
We will prepare a legal position and engage in negotiations with the third parties.
If a third party files an opposition, the applicant and the opponent engage in a dispute, collect and present evidence. The registry will consider the arguments and issue a ruling.
If no opposition is filed within the statutory deadline, or the registry dismisses the opposition, the application will proceed to grant.
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Issuance of the trademark registration certificate
Provided all the fees have been paid and the registry has decided in your favour, the national registration body will include your trademark in the register and issue a certificate of registration (either digital or on paper).
We will assist you in paying the fees and obtaining the certificate.
In most countries trademarks last for 10 years. Protection backdates to the application or the registration date.
The registration is indefinitely renewable for periods of 10 years.
The holder of an international registration designating the USA, Mexico, the Philippines or Cambodia needs duly submit a declaration of actual use or non-use of the mark. If no declaration is filed, the trademark protection is lost.
We will notify you of the need to file a declaration and assist you in drafting.
We will advise on possible changes to the trademark that will maximise chances of a successful registration.
We will provide a detailed list of the goods and services to be protected under The Nice Classification.
Trademark representation
Specification of goods and services
Some jurisdictions require notarisation or legalisation of documents when filing an application or requesting updates to details of existing marks (licensing, changes to the ownership, a request to divide an application, etc.).
We will assist you with the fees or duly make the required payment.
Confirmation of fee payment
TRADEMARK REGISTRATION PERIOD
5-26
months
Trademark objection or opposition will extend the registration period.
2
3
COST OF SERVICES AND FEES
Please note that below prices are starting.
Analysis of registration probabilities of a trademark
500
min
$
Drafting and filing a trademark application
1 000
$
min
Drafting a reply to trademark objection
2 000
$
min
Defending a trademark opposition
3 000
$
min
Appealing the final trademark registration refusal
to be agreed separately
Trademark registration fee
100
min
$
if you want to register your trademark or become a member of Versus.Network