Back to Trademark basics

Is a trademark hard to get?

Senior Trademark Attorney

Obtaining a trademark is perceived to be difficult because it's a tedious process that takes time and certain rules differ between jurisdictions. However, the process becomes manageable when addressed one step at a time.

You first have to choose whether to file independently or work with an attorney, law firm, or online legal service. Either way, the process generally follows the same sequence:

Before filing, familiarize yourself with how the relevant IP office evaluates applications and conduct a trademark search to uncover similar registered marks that could oppose your application. This allows you to assess risks and, if necessary, adjust your application before submitting.

After the application is filed, the IP office examines it for formal requirements. If it passes, the application is published for opposition and owners of similar existing marks have a set window to file an objection.

If there are no oppositions, or if they are resolved, the trademark is registered and a certificate is issued.

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