Is a trademark hard to get?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

A trademark is usually perceived as hard to get since the process can take a long time and the rules differ quite a bit between countries, but the process can be made manageable by addressing each step one at a time.

What can make a significant difference is deciding whether you want to file your trademark yourself (in jurisdictions where you'd be allowed to) or seek help from an attorney, a law firm or an online legal service such as Trama. However you decide, this is generally how the process will go:

First, even before you apply for a trademark, it's good to familiarize yourself with the basics of how your respective intellectual property office evaluates applications. You should also conduct a so-called trademark search to uncover all already registered trademarks similar to yours since their owners could challenge your application. This will help you prepare for potential risks and sometimes even avoid them by making changes to your application. You can use professional help to perform the search, explain the risks, advise on making changes, and draft your application.

After that, your application is drafted and filed with the respective IPO. The IPO will assess the application and check whether all formal requirements are met. If they are, the application is published for oppositions. During this relatively small window, owners of similar already existing trademarks can come forward and file an objection.

Then, if there are no oppositions or if they are resolved, your trademark is successfully registered, and you receive your trademark certificate.

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