|What is the filing process and the timelines in USA, UK and EU?|
|Trademark process in USA|
Trademarks can be filed online in the USA by uploaded the necessary forms and paying the fee. The process from filing to registration takes approximately between 6 months to one year. After an application is filed, it is queued for examination, following which the examiner will issue a preliminary rejection, if any problems are identified in the application. The applicant will then have 6 months to file a reply with arguments in favor of her trademark application. Registration will be granted if the examiner accepts the arguments of applicant, else a final rejection is issued. When an application is allowed, it moves on to publication in the Trademark Official Gazette. Once published, there is a 30-day opportunity for other companies to appeal the registration. If no appeal is filed, the registration is finally issued.
|Trademark process in UK|
A UK trade mark registration covers England, Scotland, Wales and Northern Ireland and the Isle of Man. An application may be filed either on paper or electronically. An official filing receipt is received within one week. Within four weeks of filing the application, an official examination report is issued. .This may include the UK Intellectual Property Office's objections if the application is deemed unsuitable for registration. The examination report incorporates an advisory search report relating to prior pending trade mark applications or registrations which the office feels, are in conflict with the application. The applicant has the option to ignore this search and push on with the application or he can counter the objections and argue that they are unjustified. If the applicant does not respond to the search results or is unsuccessful in overcoming the objections, he still has the option to push on with the application till it is advertised in the journal. However, the owners of any UK or Madrid Protocol rights will automatically be informed of the advertisement of the application. The application will be open to opposition for a period of two months. The opposition period may be extended by one month. Assuming no objections are raised to the application, the application gets advertised within two months of the application being filed. If a formal opposition is filed, opposition procedures can last for two years or more. If no opposition is filed within the prescribed time limit, the application is granted registration.
|Trademark process in EU|
A trademark application in the EU is filed at the Community Trademark Office (CTM). A CTM Registration covers all 27 member states of the European Union. The CTM system runs parallel to the trade mark legislation of each national EU member state. The Office for Harmonisation in the Internal Market (OHIM) issues a formalities examination report within one month from the date of filing. This will cover any specific questions that the office has with regard to the class choices of applicant, description etc. Community and National Search Report is issued within 4 months of filing. The report lists any conflicting or confusingly similar marks. The applicant has the option to either withdraw or amend the application at this stage, although the search report is only advisory in nature. The application will be advertised in the CTM journal within 6 months of filing. The application becomes open for opposition at this point. If there are no opposition filed, registration is granted within 6 months of advertisement date.