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Government Registration

Trademark Registration

Registration of a brand name, logo or tagline with the Trade Marks Registry, under the classes of goods or services it is used for. Protection runs from the date of application rather than from registration, so the filing date is what matters in a dispute with a later user of the same mark.

What you get

  • Availability search across the registry and common law use before filing
  • Classes selected against actual and intended use, since protection is limited to the classes filed
  • Application filed in TM-A, with the reduced fee claimed where the applicant qualifies as an individual, startup or MSME
  • The TM symbol usable from the filing date; the registered symbol only after registration
  • Examination report replies drafted and hearings attended where an objection is raised
  • Opposition handled if a third party objects during the publication period

How it works

  1. 1Search before filingThe registry and the market are checked for identical and confusingly similar marks. A search does not guarantee acceptance, but it is what stops a business investing in signage and packaging for a name that was never going to register.
  2. 2File under the right classesGoods and services are divided into classes and protection extends only to those filed. A restaurant brand that also sells packaged sauces needs more than one, and adding a class later means a fresh application with a later date.
  3. 3Respond to examinationThe registry issues an examination report and objections are common, most often on similarity or descriptiveness. A written reply and, where called, a hearing are how the objection is answered.
  4. 4Publication and registrationAn accepted mark is advertised in the journal for third parties to oppose. If the period passes without opposition, the mark proceeds to registration and the registered symbol may be used.

FAQ

About trademark registration

How long does trademark registration take?

Considerably longer than most applicants expect, and the duration is driven by the registry examination queue, whether an objection is raised and whether anyone opposes after publication. The useful point is that protection dates from the filing, so the wait does not leave the brand unprotected in the meantime.

When can the registered symbol be used?

Only after the mark is actually registered. The TM symbol can be used from the day the application is filed, and using the registered symbol before registration is a misrepresentation, so the two are worth keeping straight on packaging.