2017-02-08
Successful brand owners understand the value of investing in trademarks. When you start a new business you invest time and money in giving your brand a unique name, logo, design or tagline. These valuable assets which differentiate you and your products or services from your competitors are trademarks. Obtaining trademark registration is beneficial for the growth and success of your business. By getting a trademark registration you gain exclusive rights over the mark and an upper hand in infringement proceedings. While a building block to success, most new business owners have little knowledge regarding trademarks. Here is a simple guide to trademarks to help you understand the subject.
What is a Trademark?
A trademark is a brand identifier. Your customers recognize your brand through your trademark. It can be a brand name, logo, symbol, or design that differentiates your goods and services from those of your competitors.
What Can be Trademarked?
A word, phrase, logo, design, symbol, sound or a combination of these can be registered as a trademark. A trade name, i.e., your company name can be registered only if it is used as a trademark. This means, if it is used to identify your goods and services, you can register it as a trademark. You can also trademark certification marks. These marks are licensed to companies for indicate to the public that certain goods and services meet a defined standard. The unique shape of a product or package is also eligible for a trademark.
In order to obtain a registration, your trademark must be unique. It must not be similar to or confused with another already registered or unregistered trademark.
Guide to Trademark Registration
Obtaining trademark registration requires you to go through a series of steps.
Research
A thorough research of your trademark is an optional first step prior to applying for registration. A search can help you determine if your trademark is unique and your chances of successfully obtaining a registration. If your trademark is similar to any other trademark, whether registered or not, your application may be rejected or objected to. Apart from an online search, you should also search the Trade-marks Database and Trade-marks Journal. A Trademark agent can assist with a search and interpretation of the results.
Application and Examination
The next step is to apply for trademark registration. You may apply for a trademark by yourself or with the help of a trademark agent. The application must be filed with the Canadian Intellectual Property Office. It involves a complete application form, any formal drawings, and an application fee. Once filed, an examiner will evaluate your application.
Advertising and Opposition
If your application is approved on examination, it will be published in the Trade-marks Journal. Your application is open to opposition once it is published. If you face an opposition, you can file counter statements within two months. A hearing can be held where you can file evidence and arguments. If the opposition is successful your application is cancelled, however if you win in the opposition, the trademark is allowed.
Registration
If there is no opposition, or your win over the opposing party, your trademark is allowed. You are then required to pay the registration fee. Your trademark is then registered. If you have applied on a proposed use basis, you will need to submit a declaration of use that indicates that you have started using the trademark before it gets registered. You can apply on the basis of proposed use if you have not yet started using the trademark but intend to use it in the future.
Trademarks can often be complex for a common person to understand. If you seek a trademark registration for your business, it is advisable to discuss your trademarks with a registered trademark agent to avoid costly mistakes.
