Applying for registration of a Trade Mark

The first step to obtaining a Registered Trade Mark is the preparation and filing of a Trade Mark Application.

Once filed, the Trade Marks Registry will allocate a filing date and number to the Application. The Application is then examined by the Trade Marks Registry to ensure the Application meets the requirements of the Trade Marks Act. If the Registry have any objections, they will raise them at this stage.

Once an Application has been accepted by the Registry, it will be advertised in the Trade Marks Journal to give third parties an opportunity to oppose the Application. Oppositions may be filed within a period of two months from the date of advertisement of an Application. It is also possible for third parties to make observations to the Registrar as to why a mark should not be registered, without engaging in a formal opposition.

Following advertisement and if no oppositions are filed, the mark will proceed to registration and a Certificate of Registration is issued. The date of Registration of the Trade Mark is deemed to be the Application date. Marks are renewable every ten years upon payment of a renewal fee.

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