Our Approach Why use our services? Disclaimer

Headline

Browse our newly-designed web site!

Tips for Trademarks

Searching

Before filing for a TM registration in any country, it is best to do a registrability search to see if the name if available. Even though some countries have their TM databases available online, it is advisable to use a trained professional who knows the right searching strategy.

Does prior use affect the TM?

Contrary to a patent (where prior use damages the validity of a patent), prior use for a TM actually helps you by establishing a history of use. The quintessence of TM protection is protecting only the material you use, and nothing more. If you have prior use in at least one country, you can file a corresponding application in other countries using the priority of the first country, and the prior use will actually extend your protection.

3-D protection

It is possible to get a 3-D TM of your product. The 3-D has to have distinctive features to make it different from other products, and should not be purely functional (it should have aesthetic differences). 3-D protection is very difficult to obtain from the Patent Office, unless your product has been on the market for over 5 years.

Which type of TM has the best chances to be allowed?

A made-up or 'coined' word such as Kodak or Intel are much better than Gold Star or Blue Ribbon because they are much more distinctive and there are very few chances for confusion in the marketplace. A well-chosen catchy coin word also enhances the company's image much better than a generic name.