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Trademark protections must be specifically requested in most countries. A trademark application is a serious legal document that requires careful preparation and understanding of requirements. Publications and guides should be read, and applicants should consult with trademark attorneys to avoid application problems.
Almost all countries have systems in place to protect trademarks, but more often than not, trademark protections need to be specifically requested before they are attached. While the specifics of what a trademark application requires vary by jurisdiction, a trademark application is a serious document anywhere and should be prepared with care. In the United States, Canada and most of Europe, a trademark application is a legal document and the representations made in it are binding and must be accurate. The best tips for completing a trademark application include reading the entire application carefully and making sure all the requirements are understood; carefully prepare all sections, so that nothing needs to be changed; and keep track of all dues and fees. Many people choose to hire a trademark attorney to prepare trademark applications, but most countries will allow applicants to fill out the applications themselves.
The most important thing about completing a trademark application is a solid understanding of what the application requires. In both the United States and the United Kingdom, the trademark offices—the United States Patent and Trademark Office and the Intellectual Property Office, respectively—publish information booklets designed to guide applicants through the application process. Publications and guides, where existing, should be read as a first step.
Applicants should also carefully read the trademark application itself. Trade mark applications are available free of charge from national trade mark agencies and are usually also published online. Many applications come in multiple parts or stages. Potential applicants should read all parts of the application carefully, note the application requirements, and ask for more information on anything that is unclear before starting.
Trademark applications generally require more than just a description of the trade mark to be registered. Most also require proof that the trademark has been used, how long it has been used, and the markets it has been used in. Applications in most countries, including the US, UK, and Canada, also require an affidavit that, to the best of the applicant’s knowledge, the applicant’s rights in the trademark are legitimate.
The basic application is the same whether the applicant seeks a trademark, personal mark or service mark. However, the evidentiary and filing requirements that must be carried out with the application may vary according to the type of trademark requested. Consequently, it is also important for an applicant to know what type of trade mark they are registering before completing the application. Publications from the trademark office, as well as trademark attorneys familiar with local trademark laws, can help applicants understand what type of trademark they are seeking to register.
Most trademark offices allow online trademark applications to be filed as well as paper-based trademark applications. The only difference between the two is usually the delivery time and, in some cases, the fee payable. Online applicants will need to be sure that any attachments can actually be uploaded to the electronic system and must verify that all their documentation can be converted to electronic format. Applicants who fail to properly attach all documents to their initial application risk being rejected outright or having to submit subsequent amendments at an additional cost.
To avoid the possibility that an application is missing elements, missing steps, or otherwise fails to qualify, many applicants choose to hire a trademark attorney to handle the application process. This is especially true if an applicant files more than one trademark at the same time. Attorneys who work regularly with trademark applications can help applicants quickly identify the material that needs to be included, can assist or complete the application, and can handle all deadlines, additional filings, and disputes, as needed. Trademark agencies generally don’t require the assistance of a lawyer, but most do. Consulting with an attorney, at least initially, can be a good way to understand the application process and avoid application problems later.
