Trademark registration process
with us
CLEAR...
A. Application phase
- Look at the "Calculate
fees" section of this web site and figure what will be the
"total" cost of your trademark application. Remember that only
$195 must be
paid as a deposit/engagement fee for each trademark for us to start the comprehensive
trademark availability search.
- Visit the "How
to apply" section of this site and read about the easy steps
of the application process to either apply online or by phone.
- If you decide to apply
online, complete the
online
application getting help from the Application
Assistant. If you decide to
apply by
phone,
call us, and apply
with one of our representatives.
- Pay the $195
deposit/engagement fee online,
right after submission of the online application, or by phone,
through one of our representatives, if you apply by phone.
- Get order
confirmation of your online application within the same
business
day of the application (one of our representative will
contact you), or immediately if you apply by phone.
- When instructed by
our firm (usually 2 business days from the application, depending on
the time necessary to perform the search) make the
firm
fees residual payment in
the amount calculated through the "Calculate fees" table.
- Once your application
is prepared, it is filed electronically in the Office for
Harmonization In the Internal Market.
- Once electronically
submitted, your application will automatically receive a receipt
from the Office for Harmonization in the Internal Market.
B. The
application examination phase
"The procedure for
the registration of a CTM is an examination procedure which
comprises the following three main parts:
- firstly, examination
of the application, which includes whether or not a
filing date may be accorded, the formalities
examination and the examination as to absolute
grounds for refusal, during which search reports are
established.
- secondly, publication
of the application.
- thirdly, the procedure
up to registration which may comprise opposition
proceedings.
The first part of the
procedure starts with the receipt of the application,
either directly at the OHIM or via a central industrial
property office, and involves:
- examination as to
whether or not a filing date may be accorded, the
classification check of the goods and services
designated in the application;
- the sending of the
list of goods and services to the Translation Centre
for Bodies of the European Union (Luxembourg);
- the establishment of
the CTM search report, the transmission of the
application to central industrial property offices
in Member States, for searches in their national
registers and the transmission of all reports to the
applicant or his representative;
- examination as to
absolute grounds for refusal.
The OHIM will not examine
ex officio relative grounds for refusal. These
may be raised only by third parties in opposition
proceedings or in cancellation proceedings after
registration of the CTM.
The second part of the
procedure is the publication of the application in part
A of the CTM Bulletin, where the result of the
examination by the OHIM has been positive.
The third part of the
procedure is reserved for third parties to invoke their
earlier rights in opposition proceedings. Opposition may
be lodged within three months following the publication
of the CTM application. Where the outcome of opposition
proceedings is positive for the applicant, or where no
opposition has been filed, the CTM will be registered.
Appeals proceedings
constitute a special procedural phase. Appeals can be
filed during the aforementioned parts of the procedure
against decisions of the Examiners, the Opposition
Divisions and the Administration of Trade Marks and
Legal Division. A decision which does not terminate
proceedings as regards one of the parties can be
appealed only together with the final decision, unless
separate appeal is allowed in that decision.
The Boards of Appeal are
competent for taking decisions regarding appeals."(*)
(*)Excerpt from the
official website of the Office for Harmonization in the
Internal Market.
"Lear more"
section
What do you mean by "business day"?
Our business day, for the purpose of confirming new
applications. starts at 8:30 a.m. and ends at 4:00 p.m. All applications received after 4:00 p.m. will be considered as received,
and will be handled on the next business day.
(*)Excerpt from the official website of the Office for
Harmonization in the Internal Market.
|