A trademark is any sign that distinguishes your goods or services from those of other businesses. It is the legal foundation of your brand.
ArticleHow trademark registration works
Registering a trademark follows a structured process. Understanding each stage helps you set the right expectations and avoid delays.
1. Search and clearance
Before filing, you should conduct a clearance search to identify identical or similar marks already registered. Patentir runs AI-powered conflict checks against live trademark databases before your application is submitted.
2. Filing
You submit your application to the relevant patent office - for example, EUIPO for EU protection, or PRV for Sweden. The application includes the mark itself, the goods and services it covers, and the applicant’s details.
3. Formal examination
The office checks that your application meets formal requirements: correct format, valid payment, adequate description of goods and services.
4. Substantive examination
The office examines whether the mark is eligible for registration on absolute grounds - for example, it must be distinctive and not descriptive of the goods or services.
5. Publication and opposition
If no issues are found, the mark is published in the official gazette. Third parties have 3 months to file an opposition. If no opposition is filed (or all oppositions are resolved), the mark proceeds to registration.
6. Registration
The mark is formally registered. You receive a certificate of registration and the ® symbol may now be used. From this point, monitoring becomes essential to protect your rights.
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The European Union Intellectual Property Office manages EU trademarks and designs - covering all 27 member states in a single registration.
Registration timelines vary by office and complexity. A straightforward EU trademark typically takes 4 to 6 months from filing to registration.
There are two separate reasons a trademark application can fail. Either the name is not something any single business is allowed to monopolise, or it collides with a trademark that already exists. The two are assessed at different stages, and they need different fixes.
Trademarks are registered for specific goods and services, organised into 45 classes under the Nice Agreement - a global system used by over 150 countries.
A structured overview of all 45 trademark classes, grouped by goods and services.
Registration is not the end of the process - it is the beginning. Monitoring ensures your mark is not diluted or infringed without your knowledge.
If a newly published trademark conflicts with yours, you can challenge it during the opposition period. Here is how the process works.
Registered trademarks must be renewed every 10 years. Failure to renew results in expiry and loss of protection.
A registered trademark can be cancelled if it has not been genuinely used for 5 consecutive years. Here is what you need to know.
