How to obtain IP Rights: Trademarks
trademark Search can generally be obtained by submitting an application to the regional or national intellectual Property (IP). Some countries also allow trademark rights to be used.
Click here trademark search law provides legal protection for trademarks that are distinctive. This means customers can easily identify a trademark associated with a product.
There are five types of trademarks: the most distinctive (strongest) to the least distinctive (weakest). The stronger and more likely a trademark will be protected, the more distinct it is.
Fanciful trademarks, also known as invented words and signs, are not real meanings (e.g. Google. These trademarks are legal strongest and have the highest chance of being registered.
Arbitrary trademarks are words and signs that have no logical connection to the product. The image of a sun-kissed mobile phone is called SUNNY. They usually receive registration.
The suggestion trademarks are used to indicate the nature, quality, or attributes of the product without actually describing them (e.g. For marketing lamps, SUNNY would suggest that the product will bring sunlight to homes. A descriptive trademark might be rejected in certain countries because it may be too descriptive.
The product’s characteristics, such as type, efficacy or shape, are described by descriptive trademarks. (eg. SWEET is used to market chocolates because it would be unfair to grant a single chocolate manufacturer exclusive rights over the term sweet. They are not distinctive and can only be protected if a secondary meaning is acquired or a distinct character established by extensive market usage.
Generic signs are signs or words that identify the species or object they apply to (eg. CHAIR is a marketing chair. They are not distinctive and therefore are not protected as trademarks.
Protecting a trademark is expensive
Prices for trademark protection can vary widely from one country to the next. They may include:
• Application/Registration Fee(to be paid at the IP office). – Fees can vary depending on where your mark is to be protected and how many classes are included.
• The fees for the services of a trademark agent. A professional trademark agent can help you save significant time and money.
• Renewal fees to be paidTo retain the exclusive rights over a trademark, typically paid on a 5-year basis.
• Translation costsIf the trademark is to be used abroad,
You can find out more about their fees structure by contacting the relevant national or regional IP office. Check out our list of regional and national IP offices .
Expert tipBad usage can cause distinctive trademarks to lose their value and become generic. It is important to take concrete steps to prevent your trademark becoming generic.
How to make a trademark more distinctive
• Use a special script instead of standard letters
• Identify and use certain colors
• Add a logo or other graphic elements to the letters
Stop your trademark becoming generic
The process of trademark registration
A trademark application must be filed and paid to a national or regional trademark agency. The office will examine the application after it has been filed.
Although the steps required to register a trademark by an office vary from one country to another, they generally follow a similar pattern.