What are the procedures?
When an application (which contains the minimum information required) is received, a filing date and application number is assigned and a filing receipt is issued.
The
Minimum requirements for a filing date are -
- A request to register the Mark (completion of the prescribed application form meets this requirement),
- The name and address of the person requesting the registration,
- A representation of the mark,
- A statement or list of the goods and/or services for which registration of the mark is sought.
The application is then examined as to its registrability. The examination process includes a search of relevant
databases to ascertain whether the mark or a similar mark has previously been registered. If this is found to be the case, then the Office may refuse to register the mark.
The examination also addresses other obstacles to registration such as, for example, whether the mark is simply a laudatory statement of a product's quality (e.g. "Top Grade") or a sign that has become generic within a particular field of commercial activity. These are among a number of grounds on which an application for registration may be refused.
If it is proposed to refuse registration in a given case, the Applicant will be informed of the reasons why and will be afforded an opportunity to make arguments in support of the application. Before any decision to refuse becomes final, the Applicant will have a right to attend an oral hearing before a senior official of the Office.
If the application is accepted for registration, details of the mark will be published in the
Official Journal. Within 3 months of the advertisement of a mark, any person who objects to its registration may send a notice of opposition to the Office accompanied by the prescribed fee and the Office will copy this to the Applicant. Each side (the Applicant and the Opponent) is then given an opportunity to file evidence in support of its case and the question of whether the mark should be registered is ultimately decided by a senior official of the Office.
How long does the registration last?
A trade mark registration can last indefinitely provided the registration is renewed. Registration is initially for a period of ten years (from the date of filing of the application) and it can subsequently be renewed every ten years on payment of the
renewal fee.