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Trademark application service for startups

InstanTM provides you with an overall subscription service that helps and guides you to apply for your trademark as a EUTM and deliver necessary related services during your first two years. EUTM is the name of European Union Trademark and is a trademark valid in all EU member countries.

Many startups and creative companies build their trademark- and communication strategies wise but often fails to ensure the exclusive right to their trademark. But it doesn’t have to be expensive or complicated to protect your trademark. Try the new way!

Frequently asked questions

What can instanTM do for us?

InstanTM provides you with an overall subscription service that helps and guides you to apply for your trademark as a EUTM, and deliver necessary related services during your first two years. EUTM is the name of European Union Trademark and is a trademark valid in all EU member countries.

Included in the service is:

  • Application fee for a EUTM with up to two Nice classes
  • Classification of your goods and/or services
  • Light Trademark Search. A search for European trademark databases for identical or confusingly similar trademarks that might interfere with your trademark application
  • Consultation before the trademark application is filed
  • Trademark Watching Service for 24 months, covering Europe
  • Trademark Management Service for 24 months, (meaning we provide a EUIPO representative for your trademark who makes sure correspondence from EUIPO will not be missed)

If you are interested in more trademark related services and maybe want to extend your registration to more countries outside EU, instanTM has a cooperation with a high-end trademark law firm.

What is a trademark?

A trademark is a sign that distinguishes your product/service from others. It creates recognition for your customers. No one else can use your registered trademark without your approval. And yes, this applies on the Internet as well.

What can you protect?

InstanTM provides a service for trademark application in the EU. Today you can apply for word and figurative trademarks trough instanTM subscriptions service.

The definition of what is possible to protect is broader. For just EU trademarks, you can now protect any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of:

  • –  distinguishing the goods or services of one undertaking from those of other undertakings; and
  • –  being represented on the Register of European Union trade marks in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.

If you like to read more, you can find more information here: Council Regulation (EC) No 207/2009 of 26 February 2009. If you want more information regarding these other registration possibilities, email hello@instantm.com

Why do I have to describe what we will do under the trademark? (Trademark Classification)

When you apply for a trademark, you get a protection for the specific name or figure in the product or service classes that you have applied for.

So how is this done?
If you think about it, do you know any trademark names that are exactly the same? We think you do, this is because of the classification system. There is a possibility that you can apply and get a registration for trademarks that are exactly the same as other registered trademarks, as long as the product and services are not the same or similar.

The Trademark system is built with a so called classification system so you can distinguish different product- and services from each other.

The best known and used system is called after the city of Nice. The International Nice-classification system.

There is a total of 45 different Nice-classes. 34 product classes and 11 service classes. Depending on what kind of Trademark you are going to create a classification has to be made for your future products and services. The Trademark classification process is not easy and you have to include parts like; future strategies, legal parts and industry Know-how.

When you have applied for you trademark, it is not possible to add more classes afterwards. All changes you want to do require a new trademark application, which is both time consuming and expensive.

InstanTM.com´s recommendation is that you always think five years ahead. When you, hopefully, have your trademark registered, you have five years to start using the trademark in all registered product- and service classes. If you aren’t using it, there is a risk that another party starts a cancellation process of your Trademark – in, not used classes – or in worst case, the whole registration.

How long is the application time?

For EUTM the application process is about 4 months. Assuming that no one objects against the trademark application and there is no Office Action.

Who can own a trademark?

An individual, company or several holders combined.

Is trademark protection important for the value?

Yes, if you have a good and proactive trademark (IPR) strategy this can give you many advantages. For example, if you are negotiating with investors this can be used advantageously in the process. Or, when the time comes and you want to sell your business and trademarks, you almost in all cases get a higher value. How much higher? Well, this depends. InstanTM.com and our consultants can help you set up a strategy for the future.

What does it mean if I infringe on somebody else’s registered trademark right?

A trademark infringement means that a trademark is being used identically or confusingly similarly compared to an already registered trademark by another party. By doing so, the “infringer” is violating the exclusive rights that the current trademark owner is entitled to. The consequence by infringing someone else’s trademark rights can be huge and expensive. In some cases, there is also imprisonment in the scale of penalties.

What does an Office Action mean?

When you apply for a Trademark the authority will examine your application. Different jurisdictions have different rules. If your application doesn’t fulfill the requirements needed, you will be sent an Office action. For example, the process within EUIPO (EUTM) is the following:

  1. Classification – The goods and services you seek protection for are reviewed to see if they have been correctly classified and their nature has been clearly indicated
  2. Formalities – All the details you have entered on your application are reviewed to make sure that everything is as it should be; the signature, languages, owner and/or representative data, priority and/or seniority claims are all reviewed.
  3. Absolute grounds – Your trade mark is analyzed to see whether it is distinctive but not descriptive.
  4. Translation – Your trade mark application is translated so that details of it can be published in all the official languages of the European Union.
  5. We carry out a search in the EUTM database for identical and/or similar marks. The results are sent to you before we file your trade mark application.
What is Trademark Search Report Light

The Trademark Search Report Light is made on all trademark applications as a service for instanTM clients. The search is made in all European trademark databases and will give you a result of confusingly similar trademarks that might interfere with your application. This is done because we want to minimize problems in the application process.

What is a Trademark Objection?

A submitted trademark application has, in most regions, an objection period (Three months in EU for EUTM) where an objection can be submitted stating reasons why the trademark application should not be accepted and registered.

Pricing

InstanTM is a subscription service. The start fee is 200 EUR, the price is 99 EUR a month and the subscription period is 24 months. Included in the service is:

  • Application fee for a EUTM with up to two (2) Nice classes
  • Classification of your goods and/or services
  • Light Trademark Search. A search for European trademark databases for identical or confusingly similar trademarks that might interfere with your trademark application
  • Consultation before the trademark application is filed
  • Trademark Watching Service for 24 months, covering Europe
  • Trademark Management Service for 24 months, (meaning we provide a EUIPO representative for your trademark who makes sure correspondence from EUIPO will not be missed)

If you want to apply for additional trademark classes, it will be charged separately as a one-time fee. You will of course approve all costs before we file the application.

What is the difference between ® and ™?

® Registered symbol – this you can only use if your trademark is registered. This is a quality stamp and means that you actually have a trademark registered.

™ This symbol you can use if you have sent in an application and want to state that you use the particular sign.

 

Our recommendation is to use the ® sign.

What is a Trademark Watch?

In most jurisdictions it ́s up to you as a previous trademark owner to react on new trademark applications. How do you do it? You use a trademark watching service. We will send you a report every week that report if there are any similar hits.

Why should I register my trademark?
  • Exclusive Right – It gives you an exclusive right to use your trademark name or logo in the fields and markets that your trademark is registered in. For example you can stop piracy copies and products that you haven’t approved.
  • Trademark assurance – You get some kind of approval that you ́re not infringing on other companies registered trademarks.
  • Increased Value – Your trademark evaluation will increase. A trademarked brand is a safer brand to invest in.

How does it work?

When you apply for trademark through instanTM.com this is done in different steps. As an extra precaution, we will not apply for your trademark before we have done a check against trademark databases regarding your proposed trademark. This is done to minimize that you are applying for a trademark that might infringe on an identical or similar trademark. This search is called Trademark Search Report Light.

1. Trademark wording

You type in your trademark name in the search field or upload an image. (Coming in later steps.) If the logo (the figurative mark) contains words, you should enter it in this step as well.

2. Describe your business for the trademark

In the trademark application, to describe your business, we apply in so called trademark classes. This is also known as NICE-classification system. Trademark Classes are the same as the types of products and services you are going to use the trademark for. To be able to apply for your trademark in the right trademark classes, we need to have detailed description.
What type of product or service will be marketed under the trademark today? Will you develop the product offering within the next five-year period? Describe in detail.

3. Owner of the trademark

A company or an individual can own the trademark. There can also be several co-owners of the trademark. Fill in the correct owner information in this step and send your request.

4. Let the process begin!

When you send a trademark application request through our online form – instanTM will contact you within 24 hours (weekdays).

After an initial discussion, we will go through the application. We make searches in databases (Trademark Search Report Light) and we will make the necessary adjustments, together with our experts. Next step is to file the application. The application process normally takes about 4 months.

InstanTM can never guarantee that a trademark will be registered. Through our investigations, we can minimize and detect confusingly similar trademarks and trademarks that can be considered as descriptive. But you have to bear in mind, because of the nature of trademark law, refusal of the application or objection may occur which is out of our control. For example, it is up to former holders to act against new trademark applications that might be confusingly similar to their trademark registration.

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MarkDeft AB
Org no: 559099-3720
VAT NO: SE559099372001

Mailing and Visiting address:
Kungsgatan 4,
41119 Gothenburg
Sweden

Email: hello@instantm.com
Phone: +4631 3607204