b.The country and filing date of the priority application and priority documentsif the right of priority is claimed.
c.Notarized Power of Attorney from the applicant;
d.A certified true copy of the applicant’s passport or applicant’s identity card with a simple English translation (If the applicant is individual);
e.The trademark details and clear copy of the logo;
f.The designated class/goods thereof.
NOTE: The signing on behalf of any foreign legal entity must be notarized as to its juristic status, the authority of the signatory and the authenticity of the signature.
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 12 to 18 months, assuming that no Office Action is needed.
III.VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which is renewable for the same time periods an unlimited number of times.
Request for the renewal of a trademark must be filed within 90 days before the expiration of the current validity term or within 6 months after registration expiration date by paying 20% surcharge. The grace period for late renewal is not stipulated.
IV.PROCEDURE
1.Examination
After the application is filed, it would take approximately 6 to 8 months before the Trademark Registrar would examine the application.
The Trademark Registrar would check the formality and then examine as to whether or not the trademark is distinctive enough to acquire registration, as to whether or not the trademark is similar to prior registered trademark and as to whether the trademark is contradict to the provision for registration or not and issue official notice of instruction, if any.
2.Publication
If there is no official instruction or the applicant completely complies with official instruction, the application shall be published in the official Trademark Gazette for 90 (ninety) days. If no opposition is made within 90 (ninety) days from the date of publication, the registration of the mark will be mature to registration.
3.Registration
The certificate of registration will be issued to the applicant.
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b.The trademark details and clear copy of the logo;
c.The designated class/goods thereof;
d.The country and filing date of the priority applicationif the right of priority is claimed;
e.Priority documents if the right of priority is claimed
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 12 to 18 months, assuming that no Office Action is needed.
III.VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years. If the renewal fee has not been paid in due date, late renewal fee should be paid within one month from the expiration date of the last registration.
iIAN INDUSTRIES CO., LTD. (TH)
Registration of the trademark in Malaysia can be cancelled on the grounds of non-use by any aggrieved person if it has not been used for a continuous period of three years prior to one month before the date of the application for cancellation.
IV.PROCEDURE
1.Examination
After filing the trademark application, the Registrar of Trademarks will verify the documents and information submitted, this is known as Formality Examination. If any irregularities are found on the trademark application, the applicant will be given opportunity to respond or rectify the irregularities.
Once the formality requirements have been complied, the Registrar of Trademarks will proceed to conduct substantive examination on the trademark to examine the registrability of the trademark under the requirements of the Trademarks Act 2019.
If the trademark application does not fulfil any requirements under the Trademarks Act 2019, the Registrar will issue a refusal notice. The applicant will be given opportunity to respond to the said refusal, or amend the trademark application, whichever necessary.
2.Publication
Once the Registrar finds the trademark application fulfils the requirements under the Trademarks Act 2019, the trademark will be accepted and it will proceed to advertisement in the Malaysian IP Official Journal. Within 2 months from the date of advertisement, the public is given the opportunity to oppose the trademark registration.
If no opposition is filed, the trademark will be registered in respect of the goods or services.
3.Registration
Upon registration, the Registrar shall issue a notification of registration of the trademark with the seal of the Registrar. The registered proprietor may make a request if he wishes to have a certificate of registration, the Registrar shall issue the certificate of registration which shall be equivalent to the notification of trademark.
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b.The country and filing date of the priority application and priority documentsif the right of priority is claimed;
c.The trademark details and clear copy of the logo;
d.The designated class/goods thereof.
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 10 to 16 months, assuming that no Office Action is needed.
III.VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.
For the renewal of a trademark registration, an application for the renewal should be filed with KIPO. Once a renewal application has been duly filed, the trademark registration is deemed to have been renewed on the expiration date of the original registration.
IV.PROCEDURE
If you wish to register a trade mark in countries outside of Singapore, you may either make separate applications by filing directly with the IP offices of the respective countries or file a single international application via the Madrid Protocol.
A.Examination Process for an International Application
1.Formal Examination
IPOS will examine the international application to check that the requirements are complied with.
If all is in order, IPOS will certify the application and forward it to World Intellectual Property Organization (WIPO) within 2 months from the application filing date. This secures the filing date as the date of your international registration. IPOS will notify you when the application has been forwarded to WIPO.
If there are deficiencies in your application, you will be notified to remedy them within a stipulated deadline. If you fail to do so, IPOS may not be able to forward your application to WIPO within 2 months from your application filing date. Thus, you may fail to secure the filing date as the date of your international registration.
2.Formal Examination by the International Bureau
At this stage, your application will be further examined by the International Bureau (IB) of the World Intellectual Property Organization (WIPO).
If all is in order, your application will be recorded in the International Register and published in the WIPO Gazette. WIPO will issue a certificate of the international registration to the Applicant and notify the designated contracting parties (DCPs). The certificate issued by WIPO informs that the international application conforms to the applicable requirements under Article 3 of the Madrid Protocol, and is not a confirmation that the mark is registered in the DCPs.
If there are irregularities in your application, you will be notified by IB to address them within a stipulated deadline. If you fail to do so, your application will be deemed as abandoned.
3.Examination by the Designated Contracting Parties
At this stage, the designated contracting parties (DCPs) will conduct substantive examination of your international registration according to their domestic law, within 12 or 18 months from their receipt of your application from the International Bureau.
If your international registration conforms to the requirements of the DCP(s) and did not face any opposition in the DCP(s), your trade mark will be granted protection in the DCP(s).
Otherwise, you will receive a Provisional Refusal of Protection from the IP Office(s) of the DCP(s). The provisional refusal will state the grounds for refusal with a stipulated deadline for you to file a response or make amendments.
B.Process for an International Registration via Madrid Protocol
1.Examination
At this stage, IPOS will examine the application to check if the application fulfils the requirements for registration. If the mark is registrable, it will proceed to the publication stage.
If the registration requirements are not met, you will receive a Provisional Refusal of Protection stating the grounds for refusal. You are required to respond to the refusal within 4 months. The refused goods and/or services will be treated as withdrawn if you fail to respond within the stipulated deadline. Please note that you are required to provide an address for service in Singapore in order to file a response.
2.Publication
At this stage, your application will be published in the Trade Marks Journal for public inspection for 2 months. Any interested party may oppose to the registration of your mark during this period.
If there is no opposition, your application will proceed to registration.
C.Registration
The applicant(s) will receive a Statement of Grant of Protection from IPOS.
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a.Name, address and nationality of applicant (if the applicant is a company, its legal form must be stated);
b.The country and filing date of the priority application,priority documentsif the right of priority is claimed.
c.The trademark and indication of the type of trademark (e.g. word mark, device mark, combined word-device mark or shape mark);
d.The designated class/goods that the trademark is intended to cover, described and assigned to classes;
NOTE:
i.If your trademark is a color mark (a mark that only consists of one color or of a combination of colors): a description of the colors and the corresponding color codes;
ii.If you want to include distinguishing features: a clear description of the features in your application (this concerns elements that are not immediately apparent in an image, such as transparent parts);
iii.If you want to include distinguishing features: a clear description of the features in your application (this concerns elements that are not immediately apparent in an image, such as transparent parts);
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 4 to 5 months, assuming that no Office Action is needed.
III.VALIDITY TERM
Trademark registration in the Benelux has a validity period of 10 years. It can be subsequently renewed every 10 years if the renewal request is submitted 6 months before the trademark expiration date. Trademarks need to be actively used to maintain their rights.
IV.PROCEDURE
1.Formal Examination
BOIP (Benelux Office for IP) checks whether an application meets the application requirements for trademark registration. If the application is compliant, BOIP assigns a filing date to it. BOIP then conducts a substantive check regarding classification. In other words, BOIP checks whether the products and services are described clearly and assigned to the correct class.
2.Publication
Provided the trademark meets the application requirements, once the substantive examination of the products and services to be trademarked has been completed, the application will be officially published in the Benelux Trademarks Register.
If the application is not compliant for any reason, it is needed to additional information. If BOIP does not receive the information or does not receive it on time, the application will be refused. In that case, the costs incurred will not be refunded.
Other owners (holders) of trademarks previously registered or requested for the same or similar products or services may lodge an objection (opposition) to your trademark application. They have two months to do, running from the date that your application is published.
3.Substantive Examination
Next, BOIP will check whether the trademark meets the legal requirements. If it does not, they are obliged to refuse your application in full or only for certain products and/or services. In the event of refusal of your application in full, the costs incurred in applying will not be refunded.
Applicant, however, object to BOIP’s refusal, in writing, within six months. BOIP will assess your objection. If the objection does not provide sufficient grounds to overturn the decision to refuse, a final decision to refuse the application will be issued. Applicant may appeal the final decision to one of the following courts of appeal: the Benelux Court of Justice.
4.Registration
If BOIP finds that the trademark meets the formal requirements and no opposition has been filed or the opposition has been rejected, the trademark will be registered and applicant will become the official owner (holder) of the trademark.
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b.The country and filing date of the priority applicationif the right of priority is claimed.
c.Original Power of Attorney;
d.The trademark details and clear copy of the mark, logo to proceed with the application;
e.The designated class/goods thereof;
f.Priority documents if the right of priority is claimed
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is about 6 months, assuming that no Office Action is needed.
III.VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark.
The registration of the trade mark can be renewed for further periods of 10 years each, with the payment of renewal fees. The registration of a trade mark can therefore last indefinitely if it continues to be renewed.
However, a registered trade mark may be challenged in revocation proceedings if it is not used in Hong Kong for a continuous period of 3 years.
IV.PROCEDURE
1.Deficiencies Checking
Before beginning to examine application, IPD (Intellectual Property Department) will carry out a thorough check of the application form(s) and any attachments. This is to see if all the necessary parts of the form(s) have been filled in, if they are correct and if any required information is missing.
If any required information is missing, IPD will ask the applicant to provide the information to remedy the deficiencies within two months from the date of Registry’s notice. Some amendments are very minor and will not affect the filing date of application, e.g. the class number of the applied for goods. Others are more important and will therefore affect the filing date, e.g. applicant has not provided the representation of his/her trademark. Also, major changes to the application will not be accepted, for example, changes to the representation of the trademark.
If everything is in order the application will proceed to the next stage.
2.Search & Examination
After the deficiencies checking has been completed and all is found to be in order IPD will conduct a search of the trademarks records to see if the same or similar trademark has already been registered or been applied for by another trader in respect of the same or similar class of goods and services.
IPD will also see if the trademark satisfies the registration requirements laid down in the Trade Marks Ordinance. Some of these criteria are listed in the “Before you apply” section in the “How to apply to register a trademark in the Hong Kong SAR” although this is not a comprehensive list. The examiner will then issue an opinion in writing which will either lay out the grounds for objection to the mark or confirm the mark is acceptable for registration.
3.Publication
Once the trademark has been accepted for registration, it is published in the Hong Kong Intellectual Property Journal
4.Registration
Once the trademark has been accepted for registration, the Registrar of Trade Marks will enter the details of the trademark into the trademarks register and it will be issued with a certificate of registration. Notice of the registration will be published in the Hong Kong Intellectual Property Journal and the registration of the trademark will date back to the filing date of application.
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b.The country and filing date of the priority applicationif the right of priority is claimed.
c.An electronic copy of Power of Attorney;
d.The trademark details and clear copy of the logo;
e.The designated class/goods thereof;
f.Priority documents if the right of priority is claimed
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 3 to 4 months, assuming that no Office Action is needed.
III.VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.
For the renewal of a trademark registration, an application for the renewal should be filed with KIPO. Once a renewal application has been duly filed, the trademark registration is deemed to have been renewed on the expiration date of the original registration.
IV.PROCEDURE
1.Formal Examination
Once your trademark application has been filed, a filing date will be generated which will provide you a prior right over any other trademark filed. This means that you will have a better right to access the registry compared to other applications for the same sign.
Subsequently, your mark will be assigned a file number and will enter the formal examination stage.
In case there is any inaccuracy, the Trademark Office will notify an ex officio in order to overcome it within a period of 10 business days, or 60 business days, if it is necessary to present any documentation or remaining information.
2.Publication
Once the formal examination stage has been completed, the trademark will be published in the INDECOPI´s Electronic Official Gazette. From this moment on, a period of 30 business days will be opened for interested third parties to file an opposition, with the possibility of requesting an additional period of 30 business days to present evidence to support it.
The Trademark Office will notify the applicant with the opposition and he can present his answer within 30 business days. The applicant may request an additional one-time period of another 30 business days to present the evidence to support his reply.
3.Substantive examination stage
The Trademark Office will analyze the registrability of the mark based on two criteria:
·Absolute grounds: It will be analyzed if the mark meets the essential requirement of being distinctive. For example, generic or descriptive trademarks will not be granted.
·Relative grounds: It will be analyzed whether the mark generates a likelihood of confusion or association with respect to other mark previously filed or registered.
4.Registration
The certificate of registration will be issued to the applicant.
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b.The country and filing date of the priority applicationif the right of priority is claimed
c.The trademark details and clear copy of the logo;
d.The designated class/goods thereof.
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is about 9 months, assuming that no Office Action is needed.
III.VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years. An application for renewal must be filed within six months prior to the expiration date or in the grace period of six months succeeding the expiration date.
IV.PROCEDURE
1.Formal Examination
An application is usually scheduled for examination three to five months after filing. Formal examination is conducted to determine whether an application meets formal requirements, including proper specification of goods or services.
2.Substantive Examination
The IMPI then conducts substance examination based on likelihood of confusion and inherent registrability.
Any obstacle for registration will be raised and notified for applicant. The applicant has a two-month period to respond, which can be extended for two additional months. Failure to respond to an office action will result in abandonment.
3.Registration
If there are no grounds for refusal, registration will be granted. A hassle-free, unopposed and fully compliant trademark application will take from four to six months to be granted registration
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a.The trademark details and clear copy of the logo to proceed with the application.
b.Applicant’s information
c.The international classes and the designated goods
d.Priority certificate (If any)
e.Notarized electronic copy of Power of Attorney
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is about six months to more than one year, assuming that no Office Action is needed.
III.VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.
For the renewal of a trademark registration, an application for the renewal should be filed with KIPO. Once a renewal application has been duly filed, the trademark registration is deemed to have been renewed on the expiration date of the original registration.
IV.PROCEDURE
1.Formal Examination
Once the application has been received, it will be examined for any error or omission of the formal requirements established by Chilean laws and regulations. If the application complies with the relevant standards, it will be accepted for processing. This will be communicated via INAPI´s daily report.
2.Publication
Once the application has been accepted for processing, the applicant is obliged to request and pay for the publication of the extract of the application through the link to the Official Gazette.
The publication process should be carried out within 20 working days after the application has been accepted for processing. If publication is not requested within the given timeframe, the application shall be deemed not to have been filed and it will be archived.
Once 30 working days have passed from the publication of the extract, the application is sent to the Director of INAPI for substantive examination, in order to determine whether the sign is in conflict with any of the regulations, and particularly, if it is distinctive enough and there is no other similar trademark within the same scope. If the substantive examination finds that there are no grounds for ineligibility for registration, the application is accepted to the registry and the applicant is given a time period of 60 working days to pay and confirm payment of the final fees.
3.Substantive examination
Once 30 working days have passed from the publication of the extract, the application is sent to the Director of INAPI for substantive examination, in order to determine whether the sign is in conflict with any of the regulations, and particularly, if it is distinctive enough and there is no other similar trademark within the same scope.
If the substantive examination finds that there are no grounds for ineligibility for registration, the application is accepted to the registry and the applicant is given a time period of 60 working days to pay and confirm payment of the final fees.
If the substantive examination finds that there are obstacles to granting the trademark, the Director of INAPI will inform to the applicant the grounds for ineligibility for registration. The applicant has 30 days to respond to said observations. Once this time period is over, whether the applicant or representative has answered the observations of the substantive examination or not, the Director issues a decision: if the grounds for ineligibility are reconsidered, this decision may be positive; otherwise, the trademark will be denied. In the latter case, the decision may be appealed to the Industrial Property Court (Tribunal de Propiedad Industrial, TDPI), within the following 15 working days.
If there are oppositions to the application within 30 working days from the publication of the extract of the application in the Official Gazette, the application shall be considered contested. Starting from the date of this communication, the applicant or representative has a time period of 30 working days to respond to the oppositions and/or observations. After 15 working days from when the judgment has been communicated via the INAPI´s daily report, no appeal has been filed by any party, the Secretary ratifies the absence of appellation, and the judgment becomes final.
4.Registration
Once a final decision has been reached and the trademark is accepted for registration, the applicant must pay the final fees within a time period of 60 working days.
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b.The applicant’s type of legal entity and citizenship (if any);
c.The country and filing date of the priority application and priority documentsif the right of priority is claimed.
d.Original Power of Attorney;
e.The trademark details and clear copy of the mark, logo;
f.The designated class/goods thereof;
g.The dates of first use of the mark and a specimen of use of the mark (if any);
h.A verified statement or declaration.
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is about 12 months, assuming that no Office Action is needed.
III.VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.
Every sixth and tenth year, you should file a Declaration of Continued Use, along with a current “specimen” of use, or a Declaration of Excusable Nonuse.
IV.PROCEDURE
1.The bases for filing
Trademark application must be based on either:
i.Use in commerce; or
ii.Intent to use in the future.
2.USPTO reviews application
After the USPTO determines that application have met the minimum filing requirements, an application serial number is assigned and the application is forwarded to an examining attorney. The examining attorney reviews the application to determine whether it complies with all applicable rules and statutes, and includes all required fees.
If the examining attorney determines that a mark should not be registered, the examining attorney will issue a letter (office action) to you explaining any substantive reasons for refusal, and any technical or procedural deficiencies in the application.
3.USPTO publishes mark
If the examining attorney raises no objections to registration, or if you overcome all objections, the examining attorney will approve the mark for publication in the “Official Gazette,” a weekly publication of the USPTO.
4.Registration certificate issues for applications based on use
If the mark is based on use in commerce, a foreign registration, or an extension of protection of an international registration, and no party files an opposition or request to extend the time to oppose, the USPTO will register the mark and send the owner a certificate of registration. After the mark registers, the owner of the mark must file specific maintenance documents to keep the registration live.
5.Notice of allowance issues for applications based on an intent to use the mark
If the mark is published based upon the applicant’s bona fide intention to use the mark in commerce and no party files either an opposition or request to extend the time to oppose, the USPTO will issue a notice of allowance about eight weeks after the date the mark was published. The applicant then has six months from the date of the notice of allowance to either:
Use the mark in commerce and submit a statement of use (SOU); or
Request a-six-month extension of time to file a statement of use (extension request).
6.Applicant files timely statement of use or extension request
The applicant has six months from the mailing date of the notice of allowance in which to either file a statement of use (SOU) or file an extension request. More than one extension request may be filed, but a limit exists on the total number of extension requests permitted and the timeframe that they must be submitted within. Please review the additional information for the SOU use and extension request processes.
If the applicant does not file a statement of use or extension request within six months from the date the notice of allowance issued, the application is abandoned (no longer pending/under consideration for approval). To continue the application process, the applicant must file a petition to revive the application within two months of the abandonment date.
7.USPTO reviews statement of use
If the Statement of Use (SOU) does meet the minimum filing requirements, then the examining attorney reviews it to determine whether it is acceptable to permit registration. Submission of an SOU does not guarantee registration. If no refusals or additional requirements are identified, the examining attorney approves the SOU.
If refusals or requirements must still be satisfied, the examining attorney issues you a letter (office action) stating the refusals/requirements. This is the same process that occurs prior to publication of the mark if the examining attorney determines that legal requirements must be met. If all issues are not resolved, the application will abandon.
If your response does not overcome all objections, the examining attorney will issue a final refusal office action.
8.Registration certificate issues
Within approximately two months after the SOU is approved, the USPTO issues a registration. To keep the registration “live,” the registrant must file specific maintenance documents. Failure to make these required filings will result in cancellation and/or expiration of the registration.
If your registration is cancelled or expired, your only option is to file a brand new application and begin the entire process again from the very beginning.
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a.The trademark details and clear copy of the logo to proceed with the application.
b.Applicant’s information
c.The international classes and the designated goods
d.Priority certificate (If any)
e.An electronic copy of Power of Attorney
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is about 2 to 3 years, assuming that no Office Action is needed.
III.VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.
For the renewal of a trademark registration, an application for the renewal should be filed within six months before the expiry of the 10-year term. Renewal is still possible within six months after the expiry of the initial term or within a late period of two months from receipt of the official notice.
IV.PROCEDURE
1.Examination
Within 4 months after the application is submitted, the trade-marks Office examiners then carry out a search of trade-mark records for potentially conflicting marks. Should there be no apparent conflict, the examiners then make an initial determination as to the registrability of the trade-mark, assessing such characteristics as whether the trade-mark is “clearly descriptive” or “deceptively mis-descriptive”.
The examiners will also decide whether the description of the wares or services complies with the regulations and is in normal commercial terms. The examiners advise the applicant of any adverse findings. Applicants may be required to submit revised applications.
Once past the conflict search stage and initial determination of registrability and any revisions to the application the trade-marks Office will submit for publication.
2.Publication
The trade-mark information is published in the trade-marks Journal. Any interested party may then make representations to the trade-marks Office, such as filing an opposition against registration of the trade-mark owing to alleged confusion with an existing mark. Should this happen, opposition proceedings can, if successful, bring the application process to an end or otherwise delay the registration process for eighteen (18) months or more.
3.Allowance
If the trade-marks Office receives no objection within approximately two (2) months of publication in the trade-marks Journal, the trade-marks Office issues a notice of allowance of the application for registration.
4.Registration
Within six (6) months of the date of the notice of allowance, the applicant must pay the granting fees. Upon receipt of the registration fees, the trade-marks Office will issue a certificate of registration for each duly registered trade-mark.
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b.The country and filing date of the priority applicationif the right of priority is claimed.
c.The trademark details and clear copy of the logo;
d.The designated class/goods thereof;
e.Priority documents if the right of priority is claimed
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 4 to 10 months, assuming that no Office Action is needed.
III.VALIDITY TERM
The validity term of a trademark in Japan is 10 years from the registration date.
It can be renewed every ten years by paying a renewal fee within six months before the expiration date. It may also be renewed within six months after the renewal due date.
A trademark in Japan may be cancelled on the basis of non-use within a continuous period of 3 years if the corresponding request is filed to the court by an interested party.
IV.PROCEDURE
1.Publication of Unexamined Application
The JPO will publish the content of an application in the Official Gazette after filing.
2.Formality Examination
An application document submitted to the JPO will be checked to see whether it fulfills the necessary procedural and formal requirements. An invitation to correct will be made where necessary documents are missing or required sections have not been filled in.
3.Substantive Examination
An examination will be made of whether the application fulfills the substantive requirements. The following trademarks will be refused as they are deemed not to meet the substantive requirements:
i.Trademarks which do not enable consumers to differentiate the applicant’s goods or services from those belonging to other parties
ii.Trademarks which are un-registrable for reasons of public interest or for the protection of private interests
Where an application fails to meet the substantive requirements, a notification of reasons for refusal will be sent. An applicant may submit either a written argument against a notification of reasons for refusal or an amendment that would nullify the reasons for refusal.
4.Decision of Registration/Refusal
If it is ultimately judged that there are no reasons for refusal, a decision to register a trademark will be made.
If a written argument and an amendment cannot eliminate the reasons for refusal, and if the examiner judges that the trademark cannot be registered, a decision of refusal will be made.
5.Registration
With the payment of the registration fee, the registration of the trademark right will take place and the trademark right will come into force.
6.Publication of a Trademark Gazette
As for the trademark right which has been registered and come into force, the contents are published on the trademark gazette.
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b.All relevant information with regard to the trademark:
+ List of goods and services;
+ Picture of the figurative mark, if applicable;
+ Details of the priority application, if applicable.
c.Priority documents (if any)
NOTE:
(i)The Power of Attorney is not required.
(ii)Although it is not necessary to use the trademark for it to register, it must be used within a period of five (5) years after registration, otherwise it will become vulnerable to cancellation for non-use.
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 04 to 06 months, assuming that no Office Action is needed.
III.VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.
The renewal can be applied as early as one year before the expiry date until the last day of the month of the renewal date. There is a grace period of six (6) months after the expiry date when the trademark can still be renewed provided a late renewal fee is paid.
IV.PROCEDURE
1.Examination
When a trademark application is filed, the German Patent and Trademark Office (DPMA) will process the application.
The DPMA will examine the trademark application with regard to formalities (eg, correct classification of the goods or services and full payment of the application fees) and absolute grounds for refusal. Any deficiency will be raised by the DPMA in an official action granting the applicant at least one month in which to reply. These periods are extendable on request.
This decision may in turn be appealed within one month of notification, by either an administrative appeal to the DPMA or a direct full appeal to the Patent Court, depending on the status of the person at the DPMA who first issued the decision. A decision of a DPMA appeal division may be appealed to the Patent Court. Decisions of the court may, on rare occasions, be appealed to the Federal Court.
2.Registration
Registration occur when the DPMA has issued the allowance (without any official action, this is likely to be completed between three and six months from the application, although can vary greatly). Once trademark registers, it will receive a registration number.
3.Publication
The registration is published in the (Markenblatt). The proprietor receives a certificate of registration.
The opposition period is 3 months. The German trademark stays registered during an opposition proceeding. If there are no oppositions, it will simply remain
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c.A list of goods and services for including in the application
NOTE:No documents signed by the applicant (e.g. Powers of Attorney) are required.
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 6 months, assuming that no Office Action is needed.
III.VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of application of the trademark, which may be renewed every 10 years.
For the renewal of a trademark registration, an application for the renewal must be filed 6 months before the expiration date of the registration. The trademark may be renewed within six months after the renewal due date providing that a corresponding surcharge has been paid.
IV.PROCEDURE
1.Formal and Substantive Examination
The UK Trade Mark Office are currently taking 2-3 months to examine new trade mark applications.
Note: The UK Trade Mark Office only refuse trade mark applications on absolute grounds and not relative grounds (although they will notify the owners of earlier similar registrations of the existence of a new trade mark application for a similar trade mark in respect of similar goods/services).
2.Publication
If a trademark application has been accepted by the Registrar, it is published in the Journal. Within two (02) months of publication, any person may file a duly reasoned objection to a registration of trademark application. The said term may be extended to 3 months upon request from a potential opponent.
3.Registration
Provided that no oppositions are filed, the application should proceed to registration within 2-3 weeks from expiry of the opposition period. Trade mark will be registered once any oppositions are resolved, the holder will get a certificate to confirm this.
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c.Class(es) according to the 11th edition of the Nice Classification;
d.Specification of goods or services;
e.Name, nationality, legal status and complete address of the applicant;
f.Details of priority i.e. Application Number, date and country, if priority is being claimed;
g.Details in the form of (DD/MM/YY) if the mark is being used in India or Intend-to-use. If the mark is being used in India, then an affidavit of use has to be filed along with the application.
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 06 to 09 months, assuming that no Office Action is needed.
III.VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.
An application for renewal must be filed within one year prior to the expiration date or in the grace period of one year succeeding the expiration date. If the application is filed within the grace period, a surcharge applies.
IV.PROCEDURE
1.Examination
Once the application for the trademark registration is made, the Registrar will search for the uniqueness of name and will check the registered marks and pending applications to ascertain whether any such marks exists and to know the register-ability of proposed mark as per the law.
In case, of objection by the registrar for acceptance of application or propose to accept the application with certain term and conditions, amendments, limitations, etc., the same is communicated in writing to the applicant and the applicant has to communicate back regarding their rectification within a period of three months.
If there is no objection against the application made, then a letter of acceptance will be issued.
2.Publication
Once the trademark registration application is accepted by the Trademark Registrar, the proposed trademark is published in the Trademark Journal.
The trademark journal is published weekly and contains all the trademarks that have been accepted by the Trademark Registrar. Once the trademark is published in the trademark journal, the public have an opportunity to object the trademark registration, if they believe they will be damaged by that registration.
If there are no objections filed within 90 days of that publication, the mark will typically be registered.
If the trademark registration application is opposed by a third-party, hearing will be called for by the Trademark Hearing Officer. Both the trademark applicant and the opposing party have the chance to appear at the hearing and provide justifications for registration or rejection of the trademark application. Based on the hearings and the evidence presented, the Trademark Hearing Officer will determine if the trademark registration application should be accepted or rejected. The decision of the Trademark Hearing Officer can also be challenged by escalating to the Intellectual Property Appellate Board.
3.Registration
Once there are no objections or oppositions for the trademark registration application, the trademark manuscript and trademark registration certificate will be prepared and sent to the trademark application.
Once the trademark registration certificate is issued, the trademark is considered to be a registered trademark of the owner, granting the trademark owner exclusive use of the mark.
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a.Full name and address of the applicant in English and Chinese;
b.Original Power of Attorney;
c.Specimen of trademark (an electronic version is preferable, together with confirmation as to whether color protection is to be claimed, if the mark is used in color);
d.The list of Classes and goods/services designations to be claimed under each Class (in accordance with the NICE CLASSIFICATION adopted in mainland China);
e.Priority documents (if any)
NOTE: If the applicant is a company, a sealed copy of updated Certificate of Incorporation is required; If the applicant is a natural person, a clear signed copy of personal Identity Card together with the ID number or a clear copy of passport page together with passport number is required.
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 10 to 16 months, assuming that no Office Action is needed.
III.VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.
For the renewal of a trademark registration, an application for the renewal should be filed within 12 months prior to the expiry date of the trademark. A grace period of six months may be granted after the expiry date.
IV.PROCEDURE
1.Formality examination
After receiving the application documents, the Trademark Office will conduct an initial formality review. If the required application documents are filled in and the fees are paid, the Trademark Office will accept the application and issue an Acceptance Notice.
If the application documents meet the basic requirements but some details need to be corrected, the Trademark Office will issue an Amendment Notice and require the applicant to make an amendment within 30 days. The applicant can only file the amendments once; if the examiner is dissatisfied with the amendment, the application will be rejected.
2.Substantive examination
If the is no objection, the application will be published in the Trademark Gazette. If the application does not comply with the registration requirements, a notice of refusal will be issued. The application has 15 days (or 30 days if applications are filled via e-filling) to respond.
3.Publication
If an application is found entitled to registration, the mark will be published. Third parties may oppose the application within three months of its publication.
4.Registration
If no one opposes the trade mark application, the application will proceed to registration. Registration certificate will be issued within one or two months upon the expiry of opposition period.
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a.Name, address and nationality of applicant (including the name of an executive officer, if the applicant is a juristic person);
b.The country and filing date of the priority applicationif the right of priority is claimed.
c.Original Power of Attorney;
d.10 specimens of the trademark (8cm x 8cm or smaller in size);
e.The designated class/goods thereof;
f.Priority documents if the right of priority is claimed
NOTE:
(i)Any person who uses or intends to use a trademark in the Republic of Korea may file an application for the registration of a trademark. Although the Korean Trademark Act has adopted a registration system, the applicant should have a bona fide intent to use his/her trademark in the Republic of Korea. Nonetheless, trademarks which are not used must also be registered. Such trademarks, however, will be subject to cancellation if they remain unused for three or more consecutive years after their registration.
(ii)Document (a) and (b) must be submitted at the time of filing the trademark application. The name of an executive officer of the applicant may be added later on the applicant’s own initiative or in response to a notice of amendment issued from KIPO.
(iii)If the applicant fails to submit specimens of the trademark or power of attorney at the time of filing the trademark application, KIPO will issue a notice of amendment with a designated time limit to the applicant. The priority document must be submitted within 3 months from the filing date of the trademark application in the Republic of Korea. This time limit cannot be extended.
(iv)In order to enjoy the priority right, an application should be filed in the Republic of Korea within 6 months from the filing date of the priority application. The priority document should be submitted to KIPO within 3 months from the filing date of his/her application.
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 10 to 16 months, assuming that no Office Action is needed.
III.VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.
For the renewal of a trademark registration, an application for the renewal should be filed with KIPO. Once a renewal application has been duly filed, the trademark registration is deemed to have been renewed on the expiration date of the original registration.
IV.PROCEDURE
1.Formal Examination
The application will be returned to the submitter without an application number and will be treated as if it had never been submitted in any of the following circumstances:
(i) where the kind of the application is not clear;
(ii) where the name or address of a person (or juristic person) who takes the procedure (i.e. the applicant) is not described;
(iii) where the application is not written in Korean;
(iv) where a specimen of the trademark is not attached to the application paper;
(v) where the designated goods are not described in the application paper; or
(vi) where the application is submitted, by a person who has no address or place of business in the Republic of Korea, without coming through a patent agent in the Republic of Korea.
Once the application has satisfied such requirements, KIPO assigns an application number and examines it against the formality requirements of the Trademark Act. If anything is found missing or wrong, the commissioner of KIPO will issue a notice of amendment with a specified time limit to the applicant. If the applicant does not comply with the requests for amendment, the trademark application will be nullified.
2.Substantive Examination
(i) Initiation of Examination
Unlike patent or utility model applications, trademark applications are automatically examined in order of their filing date. However, under Article 53(2) of the Trademark Act, the commissioner of KIPO may grant priority to trademark applications which satisfy certain requirements. The examination of a trademark application generally takes about 5 months from its filing date.
(ii) Requirement for Registration
For a trademark to be registered should meet the following requirements:
(a) It should fall under the definition of a trademark prescribed in the Trademark Act;
(b) It should be distinctive so as to serve as an indication of goods or if it is not inherently distinctive, it should have acquired a secondary meaning;
(c) It should not fall into any of the categories of trademarks unable to be registered as prescribed in the Trademark Act.
3.Publication
If an examiner does not find any grounds for rejection of a trademark application, or he/she decides the rejection has been overcome by the applicant’s response (argument and/or amendment), he/she shall render a decision to publish the trademark application.
Once a trademark application is published in the official gazette, the “Trademark Publication Gazette,” any person may file an opposition within two months (non-extendable). A notice of opposition containing a brief statement on the grounds for opposition must be submitted within the first thirty days. Then, the opponent may amend, add or supplement the grounds for opposition within the next thirty days.
4.Decision of grant of protection
Decision to register a trademark is the administrative measure which means that it has suitable requirements for a trademark registration as a result of the examination of the trademark application by the examiner, thus an applicant can receive establishment registration of a trademark right.
5.Registration
Upon decision of the trademark registration, an applicant can apply for establishment registration of the trademark right after paying the registration fee within the specified period.
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a.The trademark details and clear copy of the mark, logo to proceed with the application;
b.Information of applicant, author;
c.Detail of priority filing (if any).
NOTE: no Power of Attorney is required
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 7-9 months, assuming that no Office Action is needed.
III.VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.
For the renewal of a trademark registration, an application for the renewal should be filed within 12 months before the expiry of the validity term. Late payment is possible within a six-month grace period by paying a corresponding surcharge for each lapsed month or part thereof.
IV.PROCEDURE
1.Examination
The application will be examined of distinctiveness and a search for prior trademarks. The examination process of a trade mark will check your application to make sure it contains all the correct information and meets legislative requirements.
If the trademark application does not meet the legislative requirements, the applicant will be sent a report explaining application’s problems. This report will outline the grounds for the examiner’s finding and may provide options for overcoming them.
2.Publication
If the trade mark application meets all requirements, it will be advertised in the Australian Official Journal of Trade Marks for a two-month period in which third parties may oppose registration.
3.Registration
If no opposition is filed against the application, or if opposition is unsuccessful, trademark will be registered when the applicant pays the registration fee.
IP Australia will send the applicant a Certificate of Registration and record details in the Register of Trade Marks. The trade mark will be registered from the date of filing application, not from the date it was examined or accepted.
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a.The trademark details and clear copy of the mark, logo to proceed with the application.
b.Information of applicant, author
c.Detail of priority filing (if any)
NOTE:
–If priority is claimed, a certified copy of the Priority Document is not required unless requested by the Commissioner.
–A Power of Attorney is not necessary for trademark registration in New Zealand.
II.GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) takes a minimum of 6 months, assuming that no Office Action is needed.
III.VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.
For the renewal of a trademark registration, an application for the renewal should be filed within 12 months prior to the expiration date. If the trade mark registration isn’t renewed by the due date, the status will be changed to ‘Registered – past expiry date’. The registration may be restored if the renewal fee is paid within the 6-month grace period following the due date.
If the renewal fee is not paid by the expiry of the 6-month grace period, the trade mark registration will expire and may no longer be restored.
IV.PROCEDURE
1.Examination
The examination process includes formal examination, examination of distinctiveness and a search for similar trademarks. Within 15 working days of receiving the application, the application will be examined to make sure it complies with all the legislative requirements.
If your mark complies with all the requirements of the Act and regulations, your trade mark will be accepted.
However, if the IP Office have concerns regarding application, a compliance report will be issued outlining the objections to give the applicant the opportunity to respond. If further responses don’t overcome the objections, trademark will either lapse or if the examiner consider the objections can’t be overcome, the IP Office will consider rejecting the application.
2.Publication
Upon successful examination, the trademark application will be published in the monthly “New Zealand Intellectual Property Office Journal.”
Opposition to registration of a trademark application in New Zealand may be filed within three months from the date of publication.
3.Registration
After the trade mark application has been accepted and published for opposition purposes, the trademark will be registered (provided that an opposition has not been filed) three months from the Journal publication date, or six months after the filing date of the application, whichever is later.
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