Our Services
Pre-Registration
Trade Mark Searches
- Advice On Selection Of A Potential Trade Mark
- Propose Specification Of Goods And/Or Services
- Identify Potential Risks Of Using And Registering The Trade Mark
Our intelligent search algorithms generate data and comparisons for your brand. Share with us your trade mark and the goods and/or services you are interested in, and we will provide recommendations regarding confusion risk, degree of distinctiveness and use of your trade mark in the market.
We recommend that you consider a trade mark search before you file to reduce potential costs. We provide trade mark searches in 10 jurisdictions to determine if your potential mark is registrable in those jurisdictions.
Application and Registration
We provide advice on whether your trade mark is distinctive and non-descriptive. We also review the degree of similarity between a third-party registration and your potential trade mark.
We provide advice on whether your trade mark is distinctive and non-descriptive. We also review the degree of similarity between a third-party registration and your potential trade mark.
Our services include preparing response letter with the Examiner, preparing letter of consent for a cited mark owner if there is a relative objection, preparing translation and/or transliteration document for overcoming objections.
Application registration usually takes 6 months to 9 months, depending on the case.
F.A.Q.
A trade mark is a sign that is capable of distinguishing the goods or services of one owner from those of other owners. A trade mark could be words, graphics, combination of words and graphics, a label, or even a sound. The main purpose of a trade mark is its ability to indicate the trade source.
It is more cost effective to conduct a pre-filing trade mark search than it is to file a trade mark application directly, because you can immediately see if someone has already registered a similar trade mark for similar goods and/or services. If so, you can avoid using that trade mark in the market and in marketing campaigns, as those actions are potential litigation risks.
A trade mark is considered intellectual property (commonly called IP), which is an intangible asset. A trade mark contains the story, history and reputation of a brand. Trade marks help consumers to recognize your products and/or services as well as the qualities of your company. A trade mark registration can prevent other sellers from using the same or similar mark for the same or similar goods and/or services in the market. It also prevents a third party from filing an identical or similar mark for identical and similar goods and/or services.
Indeed, most of the common law judications have unregistered trade mark right. This grants ownership to the person who first uses the trade mark. If you do not register your trade mark, you may also obtain protection from the unregistered trade mark right if you are the first user. However, it is very costly to prove misrepresentation and damage in that case. It usually takes lot of time and money to gather and prepare sufficient evidence to prove misrepresentation.
If you can afford the registration costs, then we suggest that you register your trade mark. The owner of a registration will obtain a monopoly right on that registration and its claimed goods and/or services.
No, an attorney is not required. However, attorneys have more experience handling trade mark prosecution matters and can advise you on whether the trade mark is registerable, the potential objections and ways to overcome the objections. Given that approximately 60% of applications will face objections from the examiner, and there is a potential risk of infringing on a third party’s registration, it is recommended that the trade mark owner seek professional legal advice about registration possibilities before filing an application.
The actions in this case depend on whether the interested goods and/or services are similar. The most important concern is whether there is a likelihood of confusion. For example, the choice of action takes into consideration the overall impression of the mark, the sale channels and the potential consumers.
If the existing registration is no longer used by the owner, or if the registration is not used on all the claimed goods and/or services, then the applicant mark may have a higher chance for success. However, this is on a case-by-case basis. We suggest that you contact our team for advice.