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Trademark

A practical guide to how trademarks are filed, examined, defended and kept in force.

Brand labels laid out on a workshop bench

What a trademark does

A trademark identifies the source of goods or services. It lets buyers recognise a brand and gives the owner a legal basis to stop confusing copies.

From filing to renewal

Each step has a deadline or a decision point that affects the strength of the right.

  1. Step 01

    Clearance search

    Search registers and common-law sources for identical or similar marks in the classes that match your goods and services.

  2. Step 02

    Application

    File with a precise description of the goods and services, a clear representation of the mark, and the correct fee for each class.

  3. Step 03

    Examination and publication

    The office checks absolute and relative grounds, then publishes the mark so third parties can object within the set period.

  4. Step 04

    Renewal and use

    Registrations run for a fixed term and must be renewed. Genuine use in the market protects against revocation for non-use.

Before you file

  • Confirm the mark is not already used or registered for similar goods.
  • Describe the goods and services in plain, specific terms.
  • Record the date of first use and keep examples of packaging and advertising.
  • Diary every renewal and opposition deadline in every target market.
Hands sorting printed brand samples

Protecting the mark

Monitoring the register and the market helps catch conflicting filings early. A short letter often resolves a problem before it becomes a dispute.

Storefront with a painted sign

When to seek advice

Consult a qualified attorney before entering a dispute, launching a rebrand in a new territory, or responding to an opposition.

This page provides general information only. Trademark law varies by country, so confirm current rules with the relevant office.

Continue with key terms in the IP glossary, or read the Nestle v Mondelez case summary.

Designer reviewing a logo proof on a tablet

Keep learning

Browse the blog for new articles on brand protection, or go back to the homepage.