A trademark gives a person, business, company or any legal entity the power to look unique from others. A trademark is a sign, phrase or symbol that a company can use to indicate that the products that are accorded the symbol originate from a specific source that is acknowledged. It creates the distinction of every company from the other. Different companies always have the freedom of creating their own trademarks to distinguish themselves from others and create a niche for themselves. However, there are regulations on creating trademarks and there are procedures on how to trademark that you need to go by.
You will first need to contact the Intellectual Property Right online or by telephone for the formalities. The body will provide you with a trademark application form which you will need to complete and send back. The application is normally attached with a given application fee. It will then be entered into the database of trademarks for verifications. The proof sheet will then be sent to you for verification of details filled therein. However, at this stage, it will still be pending.
The trademark is then examined after you have verified the details contained therein. However, in case you find errors, you need to report back immediately for the changes to be made. In case the trademark examiner does not approve the application, you will be notified of the specifics of objection. This will allow you to respond to the objections and then resend for approval. However, in case the approval is not satisfactory to you, you can file an appeal at the Federal Court. In case the trademark application passes the approval test, it will be published in the Trademarks Journal, which is a weekly publication of the body regulating trademark. After the advertisement, any member of the public has two months to oppose the application.
In case any other person or organization opposes your trademark application, the Trademarks Opposition Board will supply you with the copy of the statement of opposition. You will then be given two months to counter the opposition after which the two parties shall be brought together by the board to make your submissions. In case the opposing side wins, your application is withdrawn. However, when the ruling is made in your favor, you will get a notification of allowance after which you will be required to pay registration fees for the trademark. If you are not ready to begin using the trademark immediately, you can ask for an extension of time, however, that comes at another fee that is charged per extension.
By paying the registration fee and declaring that the trademark is in use, you will have obtained a registered trademark and this step take about four weeks before you get confirmation all is finalized. The duration over which these the entire procedure is conducted may take between ten to fourteen months after making the original application. However, this varies with the issues that come in between application and registration. However long it takes, you are in the business for the long term and the benefits of having a trademark are worth the time and effort.