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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 itYes, we are already using it← back a step
File with your actual date of first use, supported by evidence.
Moderate complexity - several routes or missing facts
- Choose every class that covers what you sell or plan to sell. One application can cover several classes.
- Claiming an early use date can help in later disputes, but you will need evidence for it.
- After examination the application is advertised. Anyone may oppose within four months of advertisement (section 21(1)).
- A registration lasts ten years and can be renewed for further ten-year periods (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.