Filing Requirements for Trademark Registration

Suyada Egberts
Suyada Egberts
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July 3, 2024

Here is an overview of the standard filing requirements for trademark registration.

#1 Filing System

Decide which filing system you would like to use. We can file your trademark application through the national route, directly with the country's or region's trademark office, or internationally via the Madrid System if you seek protection in multiple countries.

#2 Type of Trademark

Decide whether your trademark will be a standard character mark, which does not include any design elements, or a special form mark, which includes stylization or design.

#3 Ownership

Decide who will be the owner of the trademark, this includes the owner’s name, address, and type of legal entity.

#4 Goods and Services

Decide which goods and services should be included in your application. The designated goods and services in your application define the scope of your trademark registration and also determine the government fees.

#5 Filing Basis

For some countries, like the United States of America (USA), applications must specify which filing basis you are using. In the USA, you can choose from use in U.S. commerce, intent to use, or foreign registration. Before specifying your filing basis, it is necessary to check the requirements of each filing basis.

#6 Specimen of Use

If you are filing based on “use in commerce”, you must provide a specimen that shows the trademark as used in connection with the goods or services listed. This could be a photo of the product with the mark on it, packaging showing the mark, or marketing materials that feature the trademark.

#7 Power of Attorney (POA)

Some countries require a Power of Attorney (POA) if filed through a legal representative. This document might need to be notarized, legalized, or simply signed, depending on the country's requirements.

#8 Filing Fee

A non-refundable filing fee must be paid at the time of application. The amount varies depending on the number of classes of goods and services and the filing basis. Note that paying incorrect fees can lead to the rejection of the application.

Conclusion

As you can see, the trademark registration process involves numerous difficult decisions, and each step is crucial for the success of your application. Additionally, understanding the nuances of filing basis, selecting the correct goods and services, and providing accurate specimens of use significantly complicate the process.

This is where our expertise comes in. Let us do the heavy lifting for your trademark registration. Our team manages the entire process and requires minimal involvement from your side.

Fast, simple, and professional trademark registration – that is our promise to you.

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