The procedure

In the case of all procedures, a check will first be carried out to make sure that the formal requirements have been met (for example, fees have been paid), after which a filing date and filing number are allocated to the application. In various countries, including countries in the Benelux and the EU, an assessment is then carried out to make sure that the trademark meets the legal, more substantive requirements (including sufficiently distinctive character). If this test is failed, a provisional rejection of the registration is then issued, against which an objection can be raised and ultimately an appeal can even be lodged.

If the test is passed, the application will finally be published. Many countries, including the Benelux and the EU, then offer an opposition facility, whereby holders of earlier, similar trademarks can appeal against the registration of the later trademark. If no (successful) opposition follows, the protection is afforded to the trademark and you will receive an official certificate setting out all of the details of the trademark registration.