When you look at it that way, it becomes clear why it’s important to protect your trademark.
A trade mark protects a particular type of intellectual property (IP).

So, in the case of a business name, generally, a trademark is what you need to obtain.

When you register your trademark, you get the sole right to use the mark across Canada for 10 years. A trademark can be any name, symbol, design, sound or any combination of these elements that describes your business and distinguishes it from others.

It is vitally important that you select or create a trademark that is both federally registrable and legally protectable. It highlights the important role of trademarks in that process, including a discussion of how trademarks, patents, copyrights, domain names, and business name registrations all differ. Once the Registrar has received your application, staff will review it to make sure it is complete.

We recommend that you use a registered trademarks agent to help you through it.

It also explains the benefits of federal registration and suggests free and reduced-price resources that can help you with your trademark. If you are a foreign-domiciled applicant, you must have a U.S.-licensed attorney represent you at the USPTO. See our, Madrid Protocol & international protection, Checking application status & viewing documents, Checking registration status & viewing documents, Enforcing your trademark rights/trademark litigation, International intergovernmental organizations, Transferring ownership / Assignments help, trademark application and post-registration timelines. The Canadian Intellectual Property Office, which includes the Trademarks Office, is a special operating agency of Innovation, Science and Economic Development Canada. Helps Canadians incorporate, maintain and operate businesses, not-for-profit corporations, and other corporate entities. Technically, trademark protection is based on first use of a name – regardless of application status. You should also have someone scan TESS and the Internet, from time to time, to spot possible infringements being filed or used before they get too far. Trade name vs. trademark. Learn more about those usages, Dr. Dre’s Wife Claims Partial Rights to “DR.

Operation of an online retail clothing store; operation of an online retail jewellery store.

If your trademark is granted with the intent of being used in the future, you will be given a notice of allowance which basically states that you are allowed to use the trademark in the future. Regulates Canada's chartered banks, and restricts the use of the term "banking services" in order to prevent unauthorized use of this term. For that reason, it’s best to have a trademark attorney conduct the search – a general search engine or USPTO search isn’t powerful enough to locate alternate spellings and other nuances of the name you want to trademark that might lead to the rejection of your application. Before you submit your application, and while it’s still pending, you can signify that a trademark belongs to you by using the little capital “TM” letters after your name (or “SM,” for “service mark,” if you offer a service). A trademark application must specify the proper "basis" for filing, most likely either a current use of the mark in commerce or an intent to use the mark in commerce in the future. You may change your application in some ways after you have filed it. Invent Words . Trademark Attorneys Serving Clients in 50 States and 30+ Countries |. To succeed in the business world, you need to send the right message and develop the right image.

You cannot change your trade mark once you’ve applied, and the fees are non-refundable.

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Another of your responsibilities as the owner of a trademark is to use the trademark in Canada. Josh Gerben, Esq.

This article has been viewed 143,114 times. We are starting a small business, and need all the, "I'm starting my own business and wasn't aware of the information provided. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. PAST RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. When someone registers a trademark, they gain a very valuable right. If you do not respond to an examiner's report, the Registrar may consider your application to be abandoned.

If your business is successful and someone imitates your trademark, it may be in danger of becoming a generic term. All content is available under the Open Government Licence v3.0, except where otherwise stated, Patents, trade marks, copyright and designs, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, £200 (£100 up front plus £100 if you go ahead with your registration), £50 (£25 up front plus £25 if you go ahead with your registration), details of what you want to register, for example a word, illustration or slogan.

50 Victoria Street The representation may contain more than one view of the trademark if multiple views are necessary for the trademark to be clearly defined. A suggestive name, such as “Chicken of the Sea” tuna, can be trademarked. Basic Facts about Trademarks animated series, Trademark Information Network (TMIN) series, Acceptable Identification of Goods and Services Manual, International Schedule of Classes of Goods and Services, Trademark Status and Document Retrieval (TSDR), Trademark Manual of Examining Procedure (TMEP), Record Trademarks with Customs and Border Protection (CBP). What the proper filing fee is for your application will be based specifically on three distinct factors.


For example, let us suppose that you own an ice cream business and that your company is called "A.B.C. This information also may be useful to an applicant to better understand the trademark application process. However, many owners use the following symbols to show that their trademark is registered: It is up to you to make sure nobody is using your trademark without your permission and to take action if someone does.

The identification of goods and/or services must be specific enough to identify the nature of the goods and/or services. For more information, please consult CIPO's correspondence procedures.

The easiest names to trademark are made-up, or “coined,” names such as “Xerox.” Arbitrary names that use an existing word to identify an unrelated product or service, such as “Apple” for computers, also receive strong trademark protection. If you do not have time to watch at one time, you may wish to watch the Basic Facts about Trademarks animated series, which covers the same information using user-friendly visuals in shorter video segments. Information you submit will become public record and will permanently remain. The video is a must for anyone interested in starting a business to sell a product or offer a service. If your trademark is granted with the intent of being used in the future, you will be given a notice of allowance which basically states that you are allowed to use the trademark in the future. If your trademark is granted, you will be notified in writing that it has been registered. At the end of the application, you must pay your filing fee. This office oversees the Plant Breeders' Rights Act and Plant Breeders' Rights Regulations, which protect the legal right of plant breeders for their new plant varieties. But ideally, you’ll choose a completely unique name for your industry or sector, and you’ll be ready to move on to the next step: application submission. For a standard character trademark (word or words), you should look for all possible spellings, including in French. For more detailed information, see the Trademarks Act. It also gives guidelines for how to identify goods and services not listed. If I wanted to start my own t-shirt company with my own slogans, do I trademark the slogans or my company? To trademark a name, find out if your “mark,” fits the United States Patent and Trademark Office (USPTO) definition of strong, which means the mark must have an arbitrary, secondary meaning that reflects your services or product. The fewer errors you make, the more quickly your application will go through. All paper correspondence should be addressed to: Office of the Registrar of Trademarks In fact, some brand names that got famous in the 1920s for being reliable and high quality are still leaders today. Patent and Trademark Resource Center (PTRC)

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