Perhaps the most recurring question for anyone freshly new to the trademark industry is that “How long is it going to register my trademark?” Well, a genuine answer would be “It depends”. The reason is numerous elements involved in the registration process. Hence, the actual time depends on the opinion or opposition raised to the procedure. However, there is a general criterion regarding the duration of time for the registration process which involves certain steps.
As has been noted, listed below are all the steps involved in the registration process:
Step 1: Trademark Search and Prepare for Application
The initial step towards the registration process is to figure out whether it is going to be a word, symbol, logo, design or phrase, or a combination that is going to be trademarked for the brand logo you are building.
What to consider when creating the trademark logo, refers to Successful Business: Consider 4 Names before Start.
When a logo is created, you need to go through a trademark search to make sure the logo is trademarkable. For example, you are not planning on using a trademark that is already in use by some other company. It is a good choice to hire a trademark consultant during this process so as to have their expertise on the topic.
Once the research is done, the next step is to file for a trademark application. When the application is drafted, along with the application goes a couple of other things as well.
- Trademark itself.
- Owner of the trademark. (An individual, Company or LLC).
- Specific goods and services are covered under your trademark.
Also, before filing for an application, it is important to decide what countries are supposed to be covered under a given trademark as trademarks are registered on a per-country basis. More specifically, a trademark registered in one country might not give you the same rights in a different country as well. Moreover, after you accomplish all of the above, the trademark is all set for the registration examination.
Step 2: Trademark Registration Examination
At this time, the process slows down and it is completely out of control whether it is a consultant or the business owner. At this point, the application reaches the Trademarks office. Currently, in Canada, it takes about 15 to 18 months from your filing date for an examiner to review your trademark and send you either an examiner’s report or a notice of approval. In the UK, it takes up to 9 months and for China, it is 9-12 months. Hence, the registration duration varies from jurisdiction to jurisdiction.
Henceforth, after examination, there are two possible outcomes of it. The first one is that the application gets approved and it goes for further processing OR you receive an examiner report stating all the objections related to the application. You are supposed to make all the changes requested or otherwise that result in the rejection of the application. In case of non-satisfaction with the decision, you have the authority to appeal that decision.
Step 3: Publication in the trademark Journal and Registration
Once approved, the trademark is sent for publication in Trademarks Journal. In any event other individuals or companies suspecting that it poses a risk of infringement or confusion with their own trademark, they can oppose it anytime. It is very rare that this will happen since anyone barely monitors the applications that goes through this process. Under those circumstances, if there is an opposition, it is unpredictable how long these proceedings take.
Given these points, if you face no opposition or your opposition is defeated, you will be sent a certificate of registration. Hence, your trademark will be entered into the Register of Trademarks.
Timeline for Trademark Registration
In summary, the registration process seems long and tough, but, upright guidance and a systematic approach make it a lot easier. In order to discuss the process, please Contact Us.
The table below describes the fees associated with each country:
|C / Region|
|Hong Kong||15||7 – 9||3||10|
|China||25||12 – 24||3||10|
The processing time may change from time to time, for a more updated schedule, please refers to the list of Global Trademark. For Canada, more detailed information can be found at Trademarks – Canada.ca