A trademark is a sign that distinguishes the goods or services of one business from those of another.
Depending on the jurisdiction and legal requirements, trademarks may include words, names, slogans, logos, letters, numbers, colours, sounds, shapes, patterns, position marks, and motion marks.
Scope of protection
Trademark protection is defined by the sign, the specified goods and services, the relevant territory, and the likelihood of consumer confusion.
Registration does not provide an unlimited monopoly over a word in every commercial context. Similarity is assessed together with the relationship between the relevant goods or services and the perception of the target public.
Classification and clearance
Goods and services are organised under the Nice Classification. Selecting a class number alone is not sufficient; the specification must accurately reflect the applicant’s current and planned commercial activities.
A trademark clearance search should consider visual, phonetic, and conceptual similarity, as well as related goods and services. It should also extend beyond exact matches in the official register to company names, domains, social media platforms, and marketplace use.
European Union trademarks
An EU trade mark provides unitary protection across the European Union through a single EUIPO registration. It is valid for 10 years and may be renewed indefinitely in further 10-year periods.
United States trademarks
The United States places particular emphasis on commercial use. An application may be filed based on existing use in commerce or a bona fide intention to use the mark.
An intent-to-use application can establish an earlier filing position, but registration will not be completed until acceptable evidence of use has been submitted.
Madrid System
The Madrid System provides a centralised route for requesting trademark protection in multiple jurisdictions through one international application.
Each designated national or regional office still examines the request under its own laws. The system therefore simplifies filing and administration but does not create a single worldwide trademark.
Protect your brand with the right scope
Align clearance searches, goods and services, filing territories, use requirements, and renewal strategy with your commercial roadmap.
