How to register a trademark?

First of all, registration of a trademark depends on the joint fulfillment of two conditions:

  1. It must make us distinguish our company from others
  2. It must be capable of being presented in the register

This means that if any of these criteria are not met, then registration of the mark will not be possible. A trademark cannot be misleading or resemble the mark of another company. It may be presented in graphic, verbal or verbal-graphic form. Most often, trademarks are words (including names), drawings, letters, numbers or shapes of goods, including spatial forms. It is possible to check similarity to existing, registered marks using the e-search engine for trademarks (PUEUP).

    Meeting the trademark criteria

    To be accepted, a trademark must clearly distinguish your products or services from your competitors. It is important that the mark is unique and easily recognizable by consumers. This criterion prevents customers from being misled and protects them from misleading labels.

    Forms of trademark

    The ability to represent the mark in various forms gives great flexibility in creating the brand image. From simple logos to more complex word and graphic combinations, it is important that the chosen form is consistent with the company’s visual identification and easy to distinguish.

    Trademark verification

    Conducting thorough verification before submitting your application is crucial to avoid conflicts with existing signs. Using an e-trade search engine is the first step in ensuring that your mark is unique and does not infringe the rights of other entities.

    Trademark – Submitting an application

    The application process requires thoroughness and attention to detail. It is worth making sure that the application is complete and meets all required formalities. Correctly determining the product class is important for proper protection of the mark.

    Procedure at the patent office

    This process requires patience and understanding because the Patent Office carefully examines every aspect of the application. During this time, it is worth being prepared for any additional questions or the need to complete documentation.

    Publication of notification and possibility of objection

    The publication of the application is an important stage because it allows other entities to check whether the proposed mark does not infringe their rights. During this period, it is important to be ready for possible objections and respond to them appropriately.

    Decision of the patent office

    Receiving the decision completes the registration process. In case of refusal, it is important to understand the reasons and possibly take steps to eliminate them. If protection is granted, the company obtains full rights to the trademark.

    Engaging a professional patent advisor or agent can significantly simplify the registration process, providing support at every stage and increasing the chances of successful completion of the procedure.

    A careful trademark registration process is crucial to protecting your brand and its value in the marketplace. Understanding and following all steps ensures success and long-term protection of your intellectual property rights.

    Author:

    Rafał Drzewiecki

    Lawyer, Mediator

    He specializes in providing legal assistance to natural persons. He attaches great importance to trying to resolve disputes amicably, including in criminal cases. He realizes his professional career in criminal law, because he served his legal training under the supervision of an attorney specializing in this field. He is particularly interested in post-penitentiary issues: the system of electronic supervision, breaks in serving the prison sentence, conditional early release.

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