A Trademark is a symbol, phrase, design or word that helps distinguish one manufacturer of goods
another. It is a key identifier of a company used all over the world. An example of a famous
Apple, which is represented by a bitten apple. This mark has no writing, so the image itself is
identifier for Apple. Similarly, a service mark follows the same features but is different
because it is
used to identify a service. An example of a well-known service mark is McDonald’s whose mark is
which is globally recognized by all ages since 1955.
Additionally, in certain circumstances, trade/service marks can also involve colours, music, and
example, Coca-Cola is well known for its red and white colour combination, and Nokia is known
Property and Intellectual Property
‘Intellectual property,’ however, has no physical embodiment that one can see, touch or feel such
literature and music. Trade names, artistic designs and digital programming are also part of the
intellectual property band. Like physical property, the intellectual property can be owned,
transferred, and/or licensed. Systems of ownership of intellectual property are relatively new
Trademarks adopt rights in two ways: 1) by registration, and 2) by using the mark first. Both
protected. By registering, you will gain many advantages from the federal law, including the use
symbol on your trademark. You will also have the ability to show others of your ownership to the
making it less likely for others to consume. Under common law, being the first to use a specific
also comes with certain rights that may stop others from using your mark. However, this can be
it does not come with as many benefits as a registered trademark would.
The more unique a trademark is, the less chance it has for it to be duplicated, which means more
It is also good to know that successful marks are normally those that have no relation to the
Before adopting a new mark, it is advisable to have a search conducted and evaluated by a
attorney. Someone else may already have rights to virtually the same mark, and it is better to
that or other potentially conflicting marks before you have made an investment in your new mark.
knowledge is normally not a defense to trademark infringement. The extent of searching that is
depends on the nature of the mark, the goods or services for which it is to be used, and the
which the mark is intended to be used. Basic searches typically focus on trademark registration
Usually, an application to register a trademark is made to the national trademark office in the
region where the applicant wishes to protect the mark. The application will usually include the
address of the applicant, a representation of the mark, a listing of the goods or services that
to be covered by the registration, and the official filing fee. In some jurisdictions, it may
necessary to file specimens showing how the mark is used. However, most countries do not require
be used before it is registered.
Trademarks are often used with designations or symbols, i.e. ®, also known as Reg., TM, and SM.
symbols work as trademark identifiers classifying whether or not a trademark is registered.
Trademarks use the symbols TM and SM to notify competitors and potential customers of their plan
legal and are used to discourage others from using them. Each designation is used for a
SM is used for a service mark, whereas TM is used for a trademark. The ® symbol refers to a
trademark. This small but powerful symbol will allow the owner to claim against infringement if
occurs. It is always a good idea to register your trademark to have secure benefits.
The protection of your trademark will depend on your country of registration which has its ups
Not all regional offices will give out the same benefits, so choose your country wisely so that
the all the information and protection you need.
Your mark should represent your business in a creative yet effective way, making sure the
your business accurately. It is only when your mark is used consistently, i.e same font type and
that your mark becomes respected and desired.
A Trademark is the key identifier of a business so it is only normal to want to protect it from
unauthorized users. Using a trademark without registration will not come with many benefits. The
concern is that there will always be a high risk of losing it at a later stage as others would
available and register it. By registering your trademark, you will hold all the rights as well
ability to take legal action against anyone who uses it unlawfully. If, however, you do not
register your trademark, you will risk your chances of it being registered by someone else.
At Starting Business, we make sure that our customers receive the best prices possible for their
Please keep in mind that each jurisdiction will have a trademark authority, used to protect your
trademark for a small fee.
Before registering, it is recommended to check the availability of your suggested trademark. You
this by simply conducting a search using our ‘Trademark Search’ section. By doing a thorough
eliminate any possibilities of plagiarism with existing companies.
Still not convinced to perform a Trademark search? You will be shocked to find out that not all
authorities go through the process of investigating whether or not a trademark already exists.
accumulate chaos as authorities from different parts of the world may register the same mark at
different times creating a legal mess. That’s why it should be your priority to monitor similar
identical registered trademarks. It is only by monitoring that you can identify whether or not
action should be imposed.
Registering your trademark at Starting Business is simple, and we understand that you may want to know the process. So, for your acknowledgement, we have created a workflow showing the whole registration process.
1. Place your order online
Verify your order and pay online through our secured payment system.
2. We contact you
Once your order has been submitted, we will send you an order confirmation email and one of our attorneys will contact you to advise further procedure.
3. Trademark Application
We will complete your trademark application in the territory or country you wish to register your trademark by sending it to the Trademark Authority.
4. Application accepted
Once your application has been accepted by the Trademark Authority, we will send you a notification letter which will include the application number and submission date.
5. Examination of the trademark application
Once your application has been processed by the Trademarks Authority, examiners will begin the initial examination to ensure that all the formal requirements of the application form have been satisfied as set out in the Trademarks Act. In case your application is refused you will be informed accordingly.
6. Publication of the trademark application
Publication of the trademark in the Official Gazette is mandatory as third parties have the right to object to the registration within a specific time frame by filing an opposition. In case a third party opposes your registration, you will be informed accordingly.
7. Registration of your trademark
If no opposition is received, the Trademark Office will proceed with trademark registration and in a certain period you will be provided with a certificate of registration of your trademark.