Companies must apply for a trademark to register a name, symbol, phrase, or design for exclusive use. The process varies by jurisdiction, with the USPTO responsible for the US and OHIM for the EU. Trademarks identify businesses and provide legal protection. Before applying, companies should check for existing trademarks. The registration process can take over a year and involves legal review and publication for objections.
When a company wishes to register a name, symbol, phrase or design for the exclusive use of the company, the company must apply for a trademark. A company’s branding laws and practices vary by jurisdiction. Within the United States, the United States Patent and Trademark Office (USPTO) is responsible for the process necessary for a company to trademark. Within the European Union, an applicant must apply for a company trade mark to the Office for Harmonization in the Internal Market (OHIM). The general procedure for registering a trademark involves a lengthy application, review by the appropriate lawyer and an opportunity to oppose the registration.
The idea behind a brand is that consumers will identify the business by the name, phrase, symbol or design. While many business names are familiar, the symbols or catchphrases are often even better known. For example, many apparel manufacturers choose to brand a company by requiring a symbol that can then be imprinted on the apparel produced by the company, making company recognition more universal. Once a trademark has been registered, no one but the trademark owner can use it in any way without incurring legal consequences.
Since the concept of a trademark is unique to the company, the first thing to do before applying for a trademark is to check if anyone else has the same or a similar trademark. A search can usually be conducted through the website of the government patent registration office. In the US, you can search on the USPTO website, while in the European Union, OHIM offers a simple search option.
Once a business has determined that the trademark it seeks has not already been registered, it must apply for a trademark. A company’s trademark registration process can take well over a year in many cases and will incur a variety of fees along the way. A detailed application should be submitted to the appropriate office for review by their legal counsel to determine that the application meets all legal requirements. If there are problems with the legal or procedural requirements, the applicant is usually given the opportunity to correct the problem and re-apply.
Once an application has gone through legal review, it must be published to give other companies or individuals an opportunity to object to the registration. If no objection is filed, the trade mark will be registered within a short time. In the event of an objection, the applicant will have the opportunity to defend the application.
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