Сhoice of classes and country(ies) for TM registration
IP office processing 4-6 months
Obtaining a trademark certificate, TM management
To calculate the cost of official payments for trademark registration, select the classes and country.
Classification of goods and services. Trademark registration is carried out in the classes of the International Classifier of Goods and Services(ICGS) – Nice Classification, which is supplemented and updated annually. It implies 45 classes, of which the first 34 are allocated to goods and the last 11 to services. A trademark being registered must not bear any resemblance to others in its category. Identity is the main cause of failures.
Click in the field below and select a class from the list. Alternatively, type the class number or class name into the field. Note that you can add multiple classes by repeting either of the above steps.
Trademark registration is carried out in each country separately. However, there are opportunities to obtain a certificate for TM on the basis of filing one application for a number of countries (for example, EU countries).
To eliminate the risk of refusal to obtain a trademark certificate, before filing an application with the patent office, a trademark search is carried out for similarity and identity. Thus, a trademark is checked against previously registered trademarks and those filed for registration in similar classes of the Nice Classification.
The search is carried out in the TM database of the patent office of the country where the registration of trademarks is planned.
search by TM registries from 1 to 5 countries
additional countries by 20 EUR but not more than 10 countries
all 45 classes
written report on the likelihood of obtaining a certificate for tm *
The written conclusion report indicates the probability of TM certificate obtaining having applied in specific classes and a specific country (countries). We give explanations are given, if possible, on how to change the claimed designation in order to be able to register it as a trademark.
The search report is a very important document and we recommend not to ignore this service and take advantage of our offers that will save you money and time.
Verbal, pictorial, figurative, sound and other designations can be registered as trademarks
Verbal. It involves the registration of the company name, brand in the form of a word or a numerical-letter designation. Symbols can belong to different alphabets, numbers can be Roman or Arabic. Ideal for protecting a domain name.
Pictorial (picture, drawing, symbol). It is allowed to do color or black and white.
Figurative. In the official name of the product, it is allowed to combine words, images, and other designations.
Other options. Registered symbols can be three-dimensional, multimedia, holographic, sound, etc.
You cannot use commonly used words on their own and mislead with epithets
(“the best”, “the most delicious”). It is not allowed to make symbols similar to registered marks, so as not to be accused of plagiarism.
Other rules that a designation must comply with in order to be registered as a trademark:
be individual and original;
a trademark being registered must not be similar to others in its category of classes of goods and/or services;
do not mislead;
not contain elements of state symbols and names of international organizations;
simple, easy to sound and pronounce, without persistent bad associations at home and abroad;
correspond to the specifics of use (be adequate).
IP Ledger lawyers will search for similarities and identity of the claimed designation with previously registered or pending trademarks in similar classes in the country/countries required for registration. We prepare a search report. We make a proposal to change the designation in such a way that it is not associated with existing of competitors goods and/or services. These action are necessary to avoid future litigation.
Trademark registration process
Based on the result of the search for the claimed designation for similarity and identity, a decision is made to file an application for registration as a trademark.
Usually, an application is first submitted to the patent office in the country of origin of the business, product, service (national application). Further, within 6 months it is possible to file a single international application under the Madrid system and expand the geography of brand protection. Thus, the application of this procedure allows protection based on the priority date of the national application. However, this international procedure is relevant for 126 countries, the list of countries.
After application filing and paying the fees, the patent office conducts an examination of the application. The legislation of most countries provides for an examination procedure on formal grounds. After that, the publication is carried out in the TM Journal. The opposition procedure begins, which usually lasts 2-3 months. Upon the expiration of this period, and the absence of applications from third parties, a trademark certificate is issued.
Trademark certificate. Trademark renewal.
The trademark ownership is confirmed by a certificate issued by the patent office of the registration country at the end of a successful procedure. In the case of an international procedure, TM international certificate is issued. Also, if the registration procedure for several countries was declared, then a single certificate is issued.
The validity of any trademark certificate is 10 years. This period may be renewed every 10 years by paying the appropriate renewal fee.
Our lawyers monitor the expiration dates of trademarks and, if necessary, will renew the certificate for TM on behalf of the client.
Trademark management after trademark registration
The right brand management strategy can be critical to the successful development and the business expansion. We apply an individual approach to each client and treat each asset as if it were our own.
What legal actions are possible in the presence of a registered brand that bring specific benefits to the business:
Prohibit the use of TM without the owner permission (legal prosecution).
Provide an exclusive or non-exclusive right to use and receive royalties (license).
Increase brand awareness and improve its reputation.
Include a registered trademark as an object in the authorised capital of a legal entity.
Use TM as collateral when applying for a business loan (relevant for EU countries, Great Britain, etc.).
Our attorneys work collaboratively with our clients. This ensures that their brands and TMs are protected while minimizing litigation risk. We take a holistic approach, helping clients develop successful strategies for managing and protecting their trademarks, taking into account both their short-term and long-term business goals.