Q1: WHAT IS A TRADE MARK?
A trade mark includes any brand, device, heading, label, ticket, name, signature, word, letter, numeral, symbol, logo, design, a combination of colours and even a three dimensional shape, sound or scent used to distinguish the goods or services ("service mark") of one proprietor from another.
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Q2: WHY REGISTER A TRADE/SERVICE MARK?
Registration gives the registered proprietor exclusive rights to use the mark in the course of trade for the goods/services for which registration has been granted. Registration is proof of ownership on the first impression; the registered owner will be able to sue for infringement should another party use a trade/service mark which is identical/confusingly similar to his registered mark in the course of trade for identical/similar goods/services.
If a mark is not registered in a country and there is unauthorized use of an identical/confusingly similar mark, the complainant's only legal recourses may have to be under the common law tort of passing off (in which one would have to prove goodwill and reputation in the mark, that there had been a misrepresentation, and that there is damage suffered or that there is a likelihood of damage), laws against unfair competition and the like, which all entail a much higher burden of proof and which are more costly (as compared to a trade mark infringement proceeding).
To register your trade mark now, please click
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Q3: ARE ALL TRADE MARKS REGISTRABLE?
No. Different countries have different laws on trade mark registration. For instance, countries like Benelux (comprising Belgium, Luxembourg, Netherlands) and Brunei have relatively lax registrability requirements whilst the UK, Hong Kong and Singapore have more stringent laws. A general guide is that marks must have some element of originality ("distinctiveness") which serves to distinguish goods/services sold under the mark from those of others. For a free assessment on inherent registrability of your mark in any country,
please click
here. In countries where a trade mark which, say, comprising mere letters of the alphabet or numerals will meet with a "lack of distinctiveness" objection,
OUR GRAPHIC DESIGNERS will be able to embellish/design your mark in order to enhance its distinctiveness and increase the chances of securing registration. To order a customized logo design for your mark,
please click
here. [ TOP ]
Q4. CAN A TRADE MARK REGISTRATION IN ONE COUNTRY AFFORD PROTECTION WORLDWIDE?
Trade mark rights are territorial in nature and hence it is necessary
to register a mark in individual countries to secure protection
in specific countries. However, it is now possible to register a
mark in more than one country by filing a single application under
some International arrangements. For instance, the Community Trade
Marks system allows for registration in 25 European countries and
registration with the African and Malagasy Union (now known as the
Organisation Africaine de la Propriete Industrielle-"OAPI")
covering African states. It is also proposed that a central registration
system be established for the ASEAN countries. [ TOP ]
Q5: WHAT IS THE LENGTH OF TIME TAKEN TO COMPLETE THE REGISTRATION PROCESS?
This varies in different countries. The factors which determine this include the inherent registrability of the mark, the number of conflicting marks already on record, the stringency of the trade mark laws of the particular country, and the processing time of applications by the Trade Marks Registries. For instance, it can take only 10-12 months for a mark immediately accepted upon filing to be registered in countries like Hong Kong, Singapore, the US and the UK; and about 2 and a half years for such a mark to be registered in Indonesia.
For a summary of the entire procedure involved, please click
here. [ TOP ]
Q6: IS PROTECTION GIVEN BY REGISTRATION INDEFINITE?
Yes subject to payment of the renewal fee upon expiry of the initial term of registration (10 years in many countries) and each renewal period (10 years in a number of countries). Note that in some countries, a registered mark is vulnerable to cancellation by another party if it is not used in the country of registration for a certain period (usually 3 to 5 years) subsequent to registration of the mark. Hence protection of the registered mark will cease if the registration is removed by a third party.
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Q7: WHAT IS THE CLASSIFICATION SYSTEM?
Goods and services are placed in different "classes" according to the International (Nice) Classification of Goods and Services for the Purposes of the Registration of Marks. Many countries today adopt this classification system. In some countries, for example, the US and Singapore, it is possible to file a "multi-class" application i.e., in which an application is submitted to cover goods/services placed in more than one International class. In other countries (eg, Hong Kong, Malaysia), an application may only cover a single class of goods/services. To ascertain the class(es) your goods/services fall under, simply key in a description of your goods/services and our
KEYWORD SEARCH will help you to identify the class(es) in which your applications would have to be filed or searches conducted. You can then use our
PRICE page to estimate the total costs involved for all the classes.
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Q8: WHAT IS A CONVENTION PRIORITY CLAIM?
Under the Paris Convention for the Protection of Industrial Property entered into on 20 March 1883 between several countries, trade mark applicants in member countries are given a right to claim priority in other member states if the application in the foreign member state is filed within 6 months from the date of the original application. If successfully claimed, this effectively means that the application date in the foreign member state will be the same as the original application. The advantages of this feature are manifest. Backdating the application date will bestow priority on your application in the foreign state in favour of all other confusingly similar/identical marks filed in the foreign state during the prior 6 months' period up to the date of the original application.
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Q9: WHEN CAN I USE THE LETTERS
"TM", THE SIGN
" "
OR THE WORD "REGISTERED" AGAINST MY BRAND NAME/TRADE MARK?
The letters "TM" when used against a brand name/trade mark (usually in a smaller font displayed above the end of the brand name/trade mark) simply puts the public on notice that the brand/trade mark is a "trade mark" used to identify the source of a product/services. However, the sign
""
means a trade mark which is registered in the country concerned and in many countries (for example, Hong Kong and Singapore), it is an offence for the sign to be displayed against one's trade mark/brand name unless it has been registered in those countries. The same applies to use of the word "REGISTERED" against one's trade mark/brand name.
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Q10: WHAT IS THE DIFFERENCE BETWEEN A TRADE MARK AND A PATENT?
Trade marks are used to identify the source of products/services. Patents protect inventions (which may be products or processes) which are new (in the sense that they do not form part of the state of the art but are improvements thereto), capable of industrial application and which involve an inventive step (ie the invention is not obvious to a person skilled in the art). Trade marks need not satisfy these requirements before they can be registered. Also, note that a trade mark is usually used to market goods/services whilst a patent is usually the product or process itself.
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Q11: WHAT IS THE DIFFERENCE BETWEEN A TRADE MARK AND COPYRIGHT?
Copyright protects the form of expression; the work of one's "blood, sweat and tears". For instance, it is not copyright infringement to copy the plot in a novel but there can be infringement if a substantial part of the actual contents of a novel ("form of expression") is copied. One may have copyright protection for, amongst others, literary works (articles, novels), artistic works (paintings, designs), musical works (notes of a song) and dramatic works (dramas, plays).
Copyright and trade mark rights may "overlap" in the sense that copyright may subsist in, say, an artistic work which is used as a trade mark to sell services. However, a trade mark, when registered, prevents a third party from using the same/a confusingly similar mark in relation to similar/identical goods/services for which registration has been granted such as to cause confusion. Copyright, in contrast, gives exclusive rights to the author to exploit the created work itself and such rights include copying, reproducing, publishing and the like. If you would like more information on this topic, please contact us.
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Q12: CAN I REGISTER MY DOMAIN NAME AS A TRADE MARK?
Yes, you can (provided it meets the registrability requirements of the country of interest). In fact, we highly recommend that you do so as soon as possible, especially if your domain name is fast becoming famous. This is to prevent a third party from appropriating and registering your domain name as a trade mark before you, hence preventing you from commercially exploiting your domain name as a trade mark in the country of interest. If this happens, you may have to spend a large sum of money towards acquiring a trade mark which rightfully belongs to you.
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Q13: SOMEONE HAS REGISTERED MY TRADE MARK AS A DOMAIN NAME. WHAT CAN I DO?
The cases of cybersquatting (where one takes the brand, trade mark, company name, domain name, trade name etc of another and registers it as a domain name in the hope of selling the name back to the original owner) are proliferating. In some situations, such a domain name registration may be contested by adducing prior rights to the same. A system for settling domain name disputes on an international level is emerging. Some of the remedies which may be obtained include cancellation or transfer of the domain name registration and allocation of the costs of the procedure (not including lawyers' fees) against the losing party. Determinations would be enforced by registration authorities under a dispute-resolution policy. For more information on this topic,
please contact us. [ TOP ]
Q14: HOW DO I PAY FOR TRADEMARKLOGO.COM SERVICES?
You may pay by one of the following methods:
- By telegraphic transfer to the designated account of Trademarklogo.com Ltd.
- By cheque drawn in favour of "Trademarklogo.com Ltd"
- Upon confirmation of your order, our representative will contact you via our hotline to confirm details of your purchase and to address any queries you may have.
- After our discussion with you about your purchase, we will send you an Order Confirmation Form
detailing the services you have purchased. You must confirm the contents of this form as being correct by duly executing a
duplicate of the same and return it together with a payment confirmation slip (if paid by telegraphic transfer) or a cheque
drawn in our favour (if paid by cheque) for 50% of our fees. If you decide to pay by cheque, work will only commence after clearance of the
cheque.
- The price total stated herein is for reference only, the exact amount of your purchase will be stated on the Order Confirmation Form which shall be forwarded to you in the aforesaid manner.
- Under the laws of certain jurisdictions, you will be required to execute a power of attorney in favour of our associate who will be responsible for the registration of your mark. If your chosen country(ies) falls within the above category, a power of attorney will be forwarded to you together with the Order Confirmation Form for your execution.
- After we have received all the relevant documentation from you, you can use your user name and
personal pin number to access your personal page on our site where progress of the
services you have ordered will be
shown. [ TOP ]
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