Trade Mark Most Asked Questions

On average, the trade mark registration process takes between 3 and 18 months, depending on the country, though in some cases, it can extend beyond 24 months.

The process includes several stages, each with varying lengths:

• Examination Period: The intellectual property office reviews all formal requirements, typically taking between 1 and 10 months, though some countries may take longer.
• Opposition Period: The trade mark is published for oppositions, giving other trade mark holders a window (usually between 1 and 3 months) to raise objections.

It’s important to note that trade mark protection begins from the filing date, not the registration date, provided the application is successful.

The procedure for obtaining trade mark registration in the United Kingdom is currently taking approximately 5 months, but this can vary depending on the amount of applications the Intellectual Property Office (IPO) receive. Key point – Registration is effective from the date of application i.e. the sooner you apply, the better.

The trade mark registration process consists of two stages: the examination period and the opposition period.

The examination period’s average length varies by country. Here are a few examples:

• UK: 3 months
• EU: 1 month
• USA: 11 months
• Canada: 18 months
• Australia: 5 months
• China: 9 months

These timeframes can change based on the IP office’s workload. High volumes of applications can slow down processing times. If the IP office raises an issue, the process can take even longer, sometimes by several additional months.

While you can’t control the standard processing times of intellectual property offices, you can take steps to avoid unnecessary delays:

1. Ensure Accuracy: Fill in all information and dates correctly to avoid application returns for corrections.
2. Distinctiveness: Ensure your trade mark is distinctive and not generic or descriptive. Again, this is why we strongly recommend us undertaking a clearance search for you ahead of any trade mark application.
3. Avoid Oppositions: Research existing trade marks to avoid potential conflicts. A professional trade mark search can help identify similar marks and suggest strategies to avoid opposition.
4. Correct Goods and Services List: Use the correct terminology for goods and services as recognised by the respective IP office to avoid office actions.

The registration process varies widely between countries, taking between 3 and 18 months on average, with some cases extending to over 24 months.

Key stages include:

• Examination Period: Typically takes 1 to 10 months, though this can be longer in some countries.
• Opposition Period: Usually lasts between 1 and 3 months.

Trade mark protection starts from the filing date, not the registration date, once the application is successful.

In some countries, the registration number is the same as the filing number and is issued shortly after filing. It may take a few business days to appear in the IP office’s database.

In jurisdictions like the US, both filing and registration numbers are issued, so you’ll need to wait for USPTO approval for the registration number.

The trade mark certificate is issued after the approval of your trade mark application. The time frame varies by country but generally takes about a month.

Your trade mark is effective even without the certificate, and the registration number serves as sufficient proof of ownership in most cases. Most IP offices issue digital certificates, but you can request a physical certificate for an additional fee.