TRADE MARK REGISTRATION
Do I need to register my brand?
Cost
- Time cost for preparing the representation of the mark and drafting the specifications of goods and/or services.
- Monetary cost for filing the national application and/or international application. This cost is based on the number of classes of goods and/services and the interested countries.
Benefits
- Add the registered mark (®) together with your trade mark
- Prevent others from using your trade mark and filing an identical or similar trade mark for identical or similar goods and/or services.
- Commercialize and license your trade mark with other parties to expand your brand worldwide.
- Add value to your company
- Use a registration to raise funds and equity for business growth.
Type of Trade Mark
Word Mark
Words, letters, foreign characters, other typable characters
Device Mark
Images or graphics
Composite Mark
Combination of word mark and device mark
3D Shape
3D shapes of goods or packaging that are capable of distinguishing the goods or services of one owner from those of other owners
Coloured Mark
Pure colour without any letters or images
Sound, Movement, Hologram or Other Marks
Visual representation, such as drawings and graphical expressions
Aspect of Packaging
Packaging of the goods sold
Collective Mark
Distinguishes goods or services of members of a particular association from non-members
Certification Mark
Guarantees that the goods or services are certified to have a certain characteristic and quality
Classification of goods and services
Available countries
Suggestions
Avoid having a third party file and use an identical and/or similar trade mark for identical and/or similar goods and/or services.
You can file a trade mark application if you have the intention to use it. However, if the registration has not been used for a few years, a third party may apply to revoke a registered trade mark by filing an application for revocation.
The mark will be protected from the date of the application. The owner can renew the registration once it expires. Unlike Registered Design and Patent, there is no limitation of protection period.
If you have filed an identical trade mark in other member countries (member of Paris Convention or the World Trade Organization) within 6 months from the date of the first filing, then you may be able to claim priority over any earlier national and international application.
A trade mark right is a territorial right that is protected in the jurisdiction where the mark is registered. If you wish to obtain protection for your trade mark overseas, you may wish to file a separate national application in each interested foreign country, or you may file an international application using the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. If you wish to file an international application, this trade mark should be filed in the country of origin first.
It is common to see the TM symbol together with a trade mark in the market. This means that the owner wishes the consumer knows that this logo is used as a trade mark. However, this symbol does not mean that the mark is registered.
The ® symbol means that the trade mark is registered and is protected under trade mark law. Using the ® symbol for an unregistered trade mark may attract an offence, however.