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What Is A Trademark? Everything You Need To Know 2022

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You must project the right message and cultivate the appropriate image if you want to succeed in the business world. If customers can’t distinguish your goods or services from the competition, they can choose to do business with someone or someplace else that stands out more.

Some of the brands that were well-known in the 1920s for their reliability and good quality are still at the forefront today. The public prefers what it is familiar with and reliable, which explains this. Companies invest millions of dollars in maintaining their brand.

Having a registered trademark is one approach to safeguard your company’s reputation. In the same way, a deed provides you legal title to a piece of real estate, registering your trademark gives you ownership of it.

What is a trademark? 

Trademarks eventually grow to represent both the reputation of the manufacturer and the actual goods or services that a person or business offers. Intellectual property like trademarks is incredibly valuable. 

Experienced Trademark Attorneys Make It Easy To File Your Trademark & Protect Your Assets. Craig Wilson and Company Inc. is a firm of Canadian Licensed Patent and Trademark Agents in Canada that specializes in obtaining Patent Grants and Trademark Registrations before the Patent Offices and Trademark Offices in Canada.

Types of Trademarks

To define the goods or services of one person or organization from those of competitors, a trademark may consist of words, designs, tastes, textures, moving images, modes of packaging, holograms, sounds, scents, and three-dimensional shapes, colors, or a combination of these. Imagine, for instance, that you created a courier service and decided to call it Giddy-up. If you comply with all legal criteria, you might apply to register these terms as a trademark for the service you provide.

For the aim of demonstrating that specific products or services adhere to a specified standard, a certification mark may be licensed to numerous individuals or businesses. For instance, Wool mark Americas Ltd. owns the Wool mark logo, which is used on apparel and other products.

The terms “trademark” and “patent,” “copyright,” “industrial design,” and “integrated circuit topology” are occasionally used interchangeably. These other items are examples of intellectual property, just as trademarks. However, there are several significant variations:

Trademarks are used to differentiate one person or organization’s goods or services from those of others. They can be one or a mix of words, sounds, designs, tastes, colors, textures, fragrances, moving images, three-dimensional shapes, ways of packaging, or holograms.

Products, compositions, machines, processes, and any novel and beneficial modifications to a prior invention are all covered by patents.

Literary, artistic, dramatic, or musical works (including computer programs) as well as other types of content including performer performances, sound recordings, and communication signals are protected by copyright.

Industrial designs are the aesthetic characteristics of a finished product that include shape, configuration, pattern, ornament, or any combination of these characteristics.

The three-dimensional arrangements of electronic circuits found in integrated circuit products or layout designs are known as integrated circuit topographies.

Trademarks vs trade names

Your company’s name is its trade name. Only a trade name that is also used as a trademark, that is, if it is used to identify goods or services, is eligible for registration under the Trademarks Act.

Let’s say, for illustration purposes, that you run a Mobile shop under the name “A.B.C. Ltd.”

Compare registered and unregistered trademarks

For ten years after trademark registration, you are granted exclusive use of the mark in Canada. After that, you can renew your trademark every ten years.

A trademark that has been registered must be listed in the Register of Trademarks. The trademark registration certificate serves as clear proof of your ownership.

You may acquire rights under common law if you use a brand for a specific amount of time without registering it. To clarify who has the right to use a trademark, you may have to engage in a protracted legal case if you utilize an unregistered trademark and there is a disagreement. 

It may be more challenging to establish legal ownership of the trademark if your registration is removed from the Register of Trademarks if you fail to utilize the mark for an extended period.

Later in this Guide, you can read about filing trademarks outside of Canada.

What you can register

You can register to Refer to the Trademarks Act for more specific information.

A few other things you cannot do

When an application covers a particular plant variety or another plant variety of the same species, you cannot register a trademark if it contains a plant variety denomination (when the owner is given the authority to control the multiplying and selling of reproductive material for a specific plant variety) or if the mark is so similar to a plant variety denomination that it is likely to be mistaken for it.

Who can register?

An applicant must be a “person” to be eligible for trademark registration. An individual, partnership, trade union, organization, joint venture, or corporation can all be considered “persons.” Two or more people can be included as applicants.

How Long the Registration be Valid?

From the date of registration, your registration is valid for 10 years. After that, you can renew it once every 10 years for a charge.

What to consider before filing an application

What to consider before applying, However, the Registrar is unable to draught your application for you, provide you with legal or business counsel, or conduct a trademark search on your behalf.

Investigate Canadian Trademarks

Searching for already-existing trademarks is a useful first step to determining whether your trademark might be mistaken for one of those of another party. Even though you are not required to do it, knowing whether or if there are any competing trademarks will be helpful. If they do, you can be found guilty of trademark infringement and sent to court.

Search the Canadian Trademarks Database

A good first step is to search for existing trademarks to check whether your trademark could be confusing with someone else’s. 

You must look for all potential uses of the trademark you wish to register to conduct a thorough search. You should search for all conceivable spellings of a standard character trademark (word or words), including in French. 

Visit the Canadian Trademarks Database to get started. To maximize your search, use our instructions.

Search trade names

You should also search trade names before moving on. Even when they are not registered, trade names are frequently utilized as trademarks.

Think about working with a registered trademark agent.

It might be a difficult task to plan and carry out your trademark application. Whoever doing so must be well-versed in both trademark law and the operations of the Registrar’s office.

Unregistered trademark agents should be avoided! They are not permitted to act as applicants’ representatives during the trademark application process.

To protect your trademark, a trademark agent will ensure that your application is properly written. This is crucial if your trademark rights are contested. Although it is not required, it is frequently a good idea to do so.

Once you have a representative, the Registrar will communicate with them. You will communicate directly with the Office if you decide to end such an arrangement. 

You always have the option to switch trademark agents or do without one altogether. Craig Wilson and Company Inc. are one of the best firms of Canadian Licensed Patent for trademark.

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