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Trademark: what should I check before filing?
Most trade mark problems start before filing: a mark that is too descriptive, a conflict nobody searched for, or an application in the wrong name.
Yes, we have searchedAn invented or unusual word, or a distinctive logoThe company or business that will use itNo, we plan to use it← back a step
You can file now on a 'proposed to be used' basis.
Moderate complexity - several routes or missing facts
- Filing early secures your date ahead of anyone who starts using a similar mark later.
- Plan real use: a registered mark that is not genuinely used for a continuous five years can be removed on application by a person aggrieved (section 47).
- After advertisement there is a four-month opposition window (section 21(1)). Registration lasts ten years, renewable (section 25).
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Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.