The application, once filed, will be reviewed by a trademark attorney. The process will involve the interaction between applicant's representative and the trademark attorney until a determination is made whether the mark will be registered. If the trademark attorney determines that the mark should be registered, the mark is published for opposition purposes. If the trademark attorney decides that the mark should not be registered, the client has the option to pursue the matter further. In this context it should be noted, for example, that obtaining a corporate name may not in itself preclude the situation wherein the corporate name may infringe the trademark rights of a third party.
Procedures are available to minimize the risks of such infringement.
Click here to view a chart comparing the different forms of intellectual property. A number of disputes have arisen recently regarding the use of domain names that conflict with the trademarks of third parties. If the administrative procedure is unsuccessful, remedies can be sought through litigation.