Application

An application for a trade mark registration must be submitted to the Trade Marks Registry at the Patent Office. In order to be accepted as a trade mark, applicants must ensure that the answer to the following question is in affirmative.

Is the trade mark a distinctive word, logo, picture or other sign that will clearly identify your goods or services form those of other traders?

The same test will be exercised by the Registry and will object to your mark if the answer is negative. The Registry gives the following guidelines for the objection of a trade mark:

Words, logos, pictures or other signs which are unlikely to be seen as a trade mark by the public. For example, marks which:

• describe your goods or services or any characteristics of them (e.g. marks which show the quality, quantity, purpose, value or geographical origin of your goods or services);
  
• have become customary in your line of trade;
  
• are not descriptive; or
  
• are any combination of the above.

Objections will also be raised if a trade mark is already registered or applied for registration with the Office and the mark is:

• the same or similar to yours in the way it looks or sounds; and
  
• for the same or similar goods and services.

Therefore, any marks that you should be proposing or wish to register should be able to pass the above mentioned factors and avoid any form of objection.

Your application must include a list of all goods and services which you want to use your mark for. You must list the goods and services in the class or classes they fall in.

Information and instructions

For detailed information on applying for trade mark registration, download the guide from the Patents Office website or click here.

Form(s)

Application form for trade mark registration

The application must be submitted with a fee sheet, which must be filled with all fee bearing forms.