Registering a trade mark

There are four key steps in registering a trade mark:

• filing
• examination
• advertisement
• registration

Knowing what, when and where to file a trade mark are the fundamental elements of brand protection. Factors to consider include brand hierarchy, relevant goods/services, growth/brand expansion, territory requirements, timing and, occasionally, the need to keep an element of surprise for partners, licensees, distributors or competitors.

Ascertaining the correct classification to capture a product or service is crucial when it comes to identifying the extent of any rights. This can be difficult at times. If it’s too broad, there could be objections and/or unnecessary overlap with other trade mark owners. If it’s too narrow, there may be insufficient protection or future-proofing for key areas of activity, allowing third parties to encroach.