Trademark – Kaddu & Partners Advocates

Trademark Services

Trademark Search

It is now a pre-requisite that a trademark search must be conducted prior to filing an application.

It is now a pre-requisite that a trademark search must be conducted prior to filing an application. This search will reveal whether or not the proposed mark is already in use and will also reveal any prior registered identical marks. The rationale for the search is to minimize incidences of costly and protracted objection proceedings.

Procedure:
Upon filing an application, a formal examination is conducted by the Trademark Office to establish whether the mark is eligible for registration. Thereafter, a System Search is conducted to determine whether there are similar trademarks on the Register. The Registrar thereafter issues an Examination Report, granting the filing, refusing the filing or provisional acceptance if certain conditions are fulfilled.

Trademark Registration

It is important to register your trademark in order to enjoy exclusive use and legal protection ...

It is important to register your trademark in order to enjoy exclusive use and legal protection against unlawful use of your trademark by third parties. Having exclusive use of trademark not only protects but also grows the brand since it is wholly associated with the client’s business. Since the protection is confined only to the jurisdiction in which your trademark is registered, it is important to register your trademark in all jurisdictions/ territories where your mark will be in use.

Procedure
After the trademark has been successfully filed, an advertisement notice is issued by the Trademarks Office and upon publication of the notice, third parties will have an opportunity to oppose the registration of the trademark within a stipulated time by filing an opposition.

A Registration Certificate is then issued if no opposition is filed during the stipulated period and you enjoy exclusive use and protection during for a set period of time, usually seven years from the date first above mentioned, which is subject to renewal at the expiration of each period of I0 years thereafter should you wish to do so.

Trademark Renewal

Upon expiry of the set registration period, the client has an opportunity to renew the ...

Upon expiry of the set registration period, the client has an opportunity to renew the trademark registration for a further set period of time should you wish to do so. It is imperative that the trademark is renewed shortly before or immediately upon its expiry to avoid attracting a penalty fee for late renewal.

Trademark Opposition

In the event that an opposition has been filed against our client’s application to register a trademark.

In the event that an opposition has been filed against our client’s application to register a trademark, our attorneys are at all times on hand to guide the client through the process of Defending or Prosecuting Oppositions in the event through our Trademark Watch service, as we identify a published trademark application that is identical or similar to our client’s already registered trademark.

Trademark Watch

We understand that the registration of a trademark may be insufficient to guarantee a client’s ...

We understand that the registration of a trademark may be insufficient to guarantee a client’s exclusive use of the trademark. As such trademark watch is very essential in guarding against the registration of similar or identical trademarks which may be calculated to ride upon a client’s established brand.

At KPA, we closely monitor publications and the market to ensure that identical or similar trademarks that are likely to cause confusion are brought to our client’s attention as soon as they are published such that timely interventions may be taken and commenced by the client to prevent use of its trademark by third parties. Since there are fixed time-lines within which opposition proceedings must be filed, it is vital to make use of this service for better trademark management and protection.

By watching over our clients’ registered trademarks and portfolios, we ensure that we protect our clients from protracted and costly legal proceedings that they may have to initiate in order to challenge an already registered similar or identical trademark.

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