Trademark Registration

Words, logos, colours or a combination of any of these.

1. Choose an identified word, logo, a colour or a combination of any of these to start with.
2. Make sure you have searched for your proposed ensuring that this has not been registered.
3. To ensure your mark can be registered, you’ll need to compare it against trademarks already registered on the databased of the intellectual Property in different jurisdictions.

The following circumstances might cause difficulty for your trademark to be registered successfully.

• Your mark is identical to a mark already registered on the database.
• Your mark is identical or similar to a mark already registered but the goods/services classes are different

• Details of your proposed trademark, for example, a word, a logo ,a colour or a combination of them.
• The trademark classes you like to registered for.

After you have applied

Once you have submitted your application to the Intellectual Property office in the relevant jurisdiction, you will receive an examination report within 2 weeks for the UK, 4 weeks for the EU and 4-6 weeks for Hong Kong stating that if your trademark can be registered or if any amendments required for you to proceed further with the application. If the latter is the case, then you will be certain a certain amount of time to rectify the issue, notably between 2 and 3 months.

If the examination has not face any opposition, then your application will then be published in the trademarks journal for 2 months for the UK, 3 months for the EU and Hong Kong, during which any one can oppose it.

In the event that your trademark has been opposed, you can either :

1. Cancel your application
2. Communicating to the person or the company making the opposition
3. Defend your application, this will incur extra cost and spend more time as you will need to hire a trademark lawyer to challenge the opposition party.

Once your trademark is registered

The registered trademark is valid for 10 years, after which it will need to be renewed.
You can oppose anyone’s trademark application which might be similar or identical to you.
You can sell, license or use your trademark as collateral with a bank if proven to be a famous intangible asset.

Report any changes, such as name of the owner, name of the representative, the change of the address, to the relevant Intellectual Property Office

Class 1

Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry

Class 2

Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art

Class 3

Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; non-medicated soaps; perfumery, essential oils, non-medicated cosmetics, non-medicated hair lotions; non-medicated dentifrices

Class 4

Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting

Class 5

Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides

Class 6

Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes

Class 7

Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines

Class 8

Hand tools and implements (hand-operated); cutlery; side arms; razors

Class 9

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus

Class 10

Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles

Class 11

Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes

Class 12

Vehicles; apparatus for locomotion by land, air or water

Class 13

Firearms; ammunition and projectiles; explosives; fireworks

Class 14

Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments

Class 15

Musical instruments

Class 16

Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; artists’ and drawing materials; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers’ type, printing blocks

Class 17

Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal

Class 18

Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals

Class 19

Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal

Class 20

Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of pearl; shells; meerschaum; yellow amber

Class 21

Household or kitchen utensils and containers; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware

Class 22

Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor

Class 23

Yarns and threads, for textile use

Class 24

Textiles and substitutes for textiles; household linen; curtains of textile or plastic

Class 25

Clothing, footwear, headgear

Class 26

Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair

Class 27

Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)

Class 28

Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees

Class 29

Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats

Class 30

Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces(condiments); spices; ice

Class 31

Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt

Class 32

Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages

Class 33

Alcoholic beverages (except beers)

Class 34

Tobacco; smokers’ articles; matches

Classification of services (class 35 – 45)

Class 35

Advertising; business management; business administration; office functions

Class 36

Insurance; financial affairs; monetary affairs; real estate affairs

Class 37

Building construction; repair; installation services

Class 38

Telecommunications

Class 39

Transport; packaging and storage of goods; travel arrangement

Class 40

Treatment of materials

Class 41

Education; providing of training; entertainment; sporting and cultural activities

Class 42

Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software

Class 43

Services for providing food and drink; temporary accommodation

Class 44

Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services

Class 45

Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals