Fact File Trade Marks

4 February 2010

How long until the trade mark is registered?

Unfortunately we have a limited control over the processing times of applications but we do make every effort to respond promptly to the various registration stages whilst updating you regularly on progress.

However for guidance the following times have been set out for your information. Much will depend upon the progress of the Mark by the registry concerned:

  • UK Patent Office approximately 4-6 months
  • US Patent and Trade Mark Office approximately 18 months
  • European Trade Mark Office (‘OHIM’) approximately 12-20 months 
  • WIPO Trade Mark Office approximately 12-24 months 

 Trade Mark Infringement

 Intellectual property (‘IP’) is a valuable business asset and tool. Whether you have unregistered or registered rights such as a patent, design right or trade mark you must ensure that it is not infringed by an unauthorised party. If you believe your work or IP is being copied or used without your permission, we suggest you do the following:

 

  • Contact the infringing party placing them on notice that if they refuse to stop their infringing activity you will notify solicitors.
  • Where your informal warning fails to achieve the desired affect you must then consider what further action to take.

 Our sister firm Lawdit®  will be pleased to assist with your infringement matter and set about asserting your legal rights beginning with a cease and desist letter threatening legal proceedings without further notice.

To reduce the costs involved we ask that you provide as much information as you can, such as Internet screen shots, e-mails, marketing and advertising material, sales information and even the infringing article itself where possible! Lawdit® will then evaluate your claim and set out to you a comprehensive opinion detailing your chances of success, together with sound commercial considerations.

Michael can be contacted via email on michael@trademarkroom.com.