Trademark
A practical guide to how trademarks are filed, examined, defended and kept in force.
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.
- Step 01
Clearance search
Search registers and common-law sources for identical or similar marks in the classes that match your goods and services.
- 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.
- 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.
- 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.
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.
When to seek advice
Consult a qualified attorney before entering a dispute, launching a rebrand in a new territory, or responding to an opposition.
Continue with key terms in the IP glossary, or read the Nestle v Mondelez case summary.