Trade mark Filing & Prosecution

Every brand begins with a vision. Protecting that vision starts with trade mark filing and prosecution. A registered trade mark gives you exclusive rights and shields against unauthorised use. We offer full support or step-by-step guidance to safeguard your brand.

Book a Consultation Today

Protect Your Rights

Ensure your trademarks are properly filed, prosecuted, and defended to secure long-term legal protection for your brand.

Strengthen Market Position

Gain a competitive edge by building a robust trademark portfolio that supports growth and deters competitors.

Navigate Complexities

Rely on expert guidance to handle legal procedures, deadlines, and objections efficiently, minimising risks and costs.

Expert Guidance for Filing & Prosecution

Trade mark registration requires several careful steps to secure approval. Errors or omissions can cause delays, refusals, or disputes. Our legal experts are here to guide you through the process to protect your brand. The prosecution process may include:

Clearance Search & Strategy

Thorough clearance searches and a well-planned strategy help minimise the risk of conflicts with existing trade marks.

Application Filing

It is critical to draft and file a legally-compliant trade mark application that meets all regulatory requirements.

Responding to Objections

If the trade mark office raises objections or requests additional information, detailed responses to keep your application on track will need to be prepared and submitted.

Managing Opposition Proceedings

f a third party challenges your trade mark, it is essential to provide legal strategies to defend your rights and strengthen your application.

Trade mark Monitoring & Updates

Throughout the process, it is important to track the status of applications, receive timely updates, and stay informed until a trade mark is officially registered.

SERVICES

Filing & Prosecution Services

Trade mark registration is a multi-step process, and we guide you through each phase:

Searches & Filing Strategy

Strong applications begin with preparation. Our clearance searches and pre-filing strategy reduce risks, avoid conflicts, and set your trade mark up for success.

Filing

We manage the full filing process for trade marks, design protections, patents, and other IP rights, ensuring accurate submissions to offices such as the EUIPO or USPTO.

Office Actions

After submission, office actions, objections, or oppositions may arise. We monitor your application and support you until final approval and registration.

Why Secure Your Trade Mark Early?

Securing your trade mark early is a crucial step in building a strong and protected brand. Trade marks act as powerful source identifiers, distinguishing your business’s products or services from those of competitors. Here's why it's essential to act early:

Prevents Conflicts

Registering your trade mark early helps avoid conflicts with existing trade marks. A thorough searches & filing strategy ensures your brand name or logo is distinctive, reducing the risk of rejection or costly legal disputes.

Protects Your Brand Identity

A registered trade mark grants you exclusive rights, preventing competitors from using a similar name, logo, or slogan. This legal protection strengthens your brand’s recognition and ensures customers associate your trade mark with your products or services.

Reduces Legal Risks

Without a registered trade mark, your business is vulnerable to infringement claims or forced rebranding. Securing your trade mark early safeguards your intellectual property, helping you avoid disputes, legal fees, and potential business disruptions.

Book a Consultation Today

Abion have demonstrated considerable expertise in everything from strategy and legal, to more technical issues, and they are helpful in all situations. I have only good things to say about Abion – always pleasant, professional and service-minded!

Sofia Nilsson

Corporate Branding & Digital Marketing Manager - Norce

Book a Consultation Today

We offer full-service trade mark filing & prosecution or targeted assistance. Contact us now for a free consultation.

Global reach, local expertise

With offices across Europe and worldwide, our legal experts help protect your trade marks and designs in every market, wherever your business grows.

FAQ About Filing & Prosecution

What can I do if someone opposes my trade mark application?

If someone opposes your trade mark application, you can negotiate a settlement, modify your application, or defend it in front of the trade mark office or a court. In some cases, you may be able to resolve the issue without going to trial, but having legal counsel is crucial in these situations.

What is the difference between a “TM” and “R” symbol?

The ™ (TM) symbol is used for unregistered trademarks to show brand ownership but offers no legal protection. The ® (R) symbol is for officially registered trademarks, granting legal rights and enforcement against infringement.

What happens if my trade mark application is rejected?

If your trade mark application is rejected, you can respond to the office action with arguments or amendments. If necessary, you may appeal the decision. It’s important to work with a trade mark attorney to ensure a proper and effective response.

What is trade mark prosecution?

Trade mark prosecution refers to the legal process of applying for and securing a trade mark. It involves submitting an application, addressing any issues raised by the trade mark office, and ensuring that your trade mark is registered and protected under law.

What is the difference between a trade mark search and trade mark prosecution?

A trade mark search is a preliminary process that helps determine whether your trade mark is available for registration, avoiding conflicts with existing trade marks. Trade mark prosecution, on the other hand, is the formal process of applying for and obtaining a trade mark registration once you’ve determined your mark is available.

Can I use my trade mark before it’s registered?

Yes, you can use your trade mark in commerce before it’s officially registered, but registering it provides legal protection and strengthens your rights. Using a ™ symbol indicates that you are claiming the mark as your own, but a ® symbol is only used once the trade mark is registered.

How long does the trade mark prosecution process take?

The timeline for trade mark prosecution can vary depending on the jurisdiction, but typically, it takes between 6 months to 1 year from the filing date to receive a registration. Delays can occur due to office actions, oppositions, or complications in the application process.