3 Ways to Trademark protection
Trademark registration procedure is the same across all countries, although it is important to know that the deadlines, costs and other specifics are set forth by national legislation of each country (or region) where we are aiming to protect our trademark.
Three most common approaches to Trademark registration are:
- National registration - Normally you have to file the request for Trademark registration through local Representative of a particular country (for example Slovenian Intellectual Property Office).
- Regional Trademark registration (for example European Union Intellectual Property Office - EUIPO)
International registration (Madrid Agreement) - Through World Intellectual Property Organisation - WIPO - One of the pre-conditions for this is to have a prior national or regional Trademark applied for within national or regional Office
Trademark registration procedure begins by filing in application in any kind of form. Usually, each Office have their own forms ready to make things easier for the applicant. Once the application is filed the applicant gets the Priority date. It represents the date from which the protection is given if the Trademark is registered.
The Office then checks if the Trademark applied for meets the formal and absolute conditions. These are set forth by national legislation. In case of Slovenia these are described in full under 42. and 43. article of Industrial Property Law. If applicable, the Office asks for additional info in regards to application and the Trademark itself. Once the the application is complete and has passed the Absolute Grounds check, it is published in a national Bulletin for Industrial Property.
After this it is published for 3 months, during which third-parties may file an opposition against the Trademark registration. If no oppositions are filed, the Office invites the applicant or his/her representative to pay the registration fee. Once fee is paid, the Certificate of Registration is issued.