How to register a trademark

Trademarking your brand is easier than you might think if you follow all the rules.

By

Igor Demcak

There are several ways in which you can register a trademark. One alternative is using specialised law firms that focus on the protection of intellectual property. Due to their specialisation, you can expect high quality, but also a corresponding price. The second, the most common choice is classic law firms. These are cheaper, but due to the fact that they do not have so much experience with this agenda, their success rate tends to be lower. Another option is to submit the application yourself. It is the cheapest alternative, but it will cost you the most time and your chances of success will be significantly lower.

The involvement of an expert in filing a trademark application significantly increases the success rate. For applications filed through a trademark expert, the success rate (the ratio between successful and unsuccessful applications) is approximately 17:1. Self-filed applications have a success rate of approximately 4:1.

Trama takes the best of all worlds. Thanks to our specialisation in trademarks, we have a 100% success rate in filings so far, but at the same time, we are able to complete the whole process very quickly thanks to the technology that runs in the background, which is not only valuable in itself but also allows us to operate at low prices.

The table below compares the different methods of registration:

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The registration process

We've simplified the application process so you can complete it in three simple steps. In the first step, fill out a simple form and submit a non-binding verification request. Our specialists will check whether your brand meets the required criteria and, if the verification is successful, they will approve the registration. In the second step, you will be able to add additional information and select the goods and services for which you will use the trademark. After the invoice is paid and the signed power of attorney delivered, our lawyers will prepare the application and, after your final approval, submit the application for registration of the trademark to the relevant office.

The duration of proceedings

The date of filing an application for registration of a trademark is decisive in determining who has priority in the registration of a trademark and, consequently, in its use. The registration takes 4 to 12 months, depending on the type of trademark. There is no need to worry about the duration of the proceedings because, after successful registration, the mark is protected from the day the application for registration was submitted. 

You can follow the office's progress in processing your trademark in the trademark register on the official website of the office of a given state or on the TMview website. After searching for the name of your mark, you will have access to all the information related to the registration.

The duration of registration depends on the type of trademark in question. In the fast-track process of a European trademark, it can take 4 months, but in the USA, registration can even take a year. The standard procedure of the office is as follows: 

  • after filing the application, the office will conduct a survey of the registrability of your brand as a trademark, which lasts from one week (EUIPO fast track) to 2 months (for national trademarks),

  • if everything is in order, the office will publish the mark under registration in the register for 1-3 months, during which anyone may object to the registration,

  • if no entity objects, the office shall register the brand as a trademark and issue a certificate to that effect. This administration takes about one or two more months.

Validity of a trademark

The registration of a trademark is valid for ten years from the date on which the application was filed. At the request of the trademark owner (filed at earliest in the last year of trademark's registration, but not later than 6 months after its expiration), the office will renew the registration of the trademark for another ten years, even repeatedly.

Igor Demcak

Igor Demcak

Trademark Attorney

Filed over 150 trademarks as a trademark attorney

UPJS Kosice