2020-07-06
Generally speaking, businesses have to be recognizable by their customers to be genuinely successful. Without unique visual branding, being identifiable can be challenging. Effective marketing allows consumers to identify businesses with their brands and the more memorable the brand is, the more likely they are to snare a new customer. A trademark can become particularly important for international business.
Trademarks Explained
Trademarks come in many sizes and shapes. On a literal level, they're usually words, designs, phrases, or symbolic representations of some sort. Trademarks frequently feature visual and verbal information. In order to be effective, people need to associate a particular trademark with a specific business.
When companies offer similar goods and services, a trademark can set companies apart from each other. A well designed trademark and good marketing can help a company become a leader in their particular industry. Trademarks can be an incredibly valuable type of intellectual property for many companies.
Canadian Trademarks
When a trademark is registered, the protections available to the owner expand. Protection for the trademark extends across Canada and the trademark owner is able to sue for both infringement and passing off. As a result, trademark owners have much more power in relation to their trademarks.
Too many businesses have names that are too generic or don't look unique. When a business in the same field devises a trademark that looks like an existing trademark, it can hurt the original business's marketing efforts. Official trademark registration can help prevent that from happening, while also preventing the trademark from being used without the owner's permission.
Trademark Protection Across International Borders
Registered protection only exists in the countries in which applications successfully register. A registered trademark in Canada does not provide protection in the United States, and vice versa. Many companies choose to file in both of these countries due to the easy transfer of goods between these countries. The registration process is similar in Canada and the US, but they are not identical and each country has their own rules, requirements and deadlines associated with the patent process.
Essential Considerations for International Business Owners
Individuals who are not living in Canada can still apply for official trademarks that are valid in Canada. Since rules vary from country to country, it is recommended that a trademark agent be hired to assist with the trademark process.
The Trademark Application Procedure
Trademark owners who wish to register a trademark in Canada must file an application with the Canadian Intellectual Property Office. The trademark process is slow and applicants should expect the process to take about 3 years assuming that everything runs relatively smoothly. Difficulties can arise when other potentially confusing marks exist on the register or where an opposition occurs. A trademark can be registered in Canada before there is use in Canada of the trademark.
People who have trademarks that are too much like one or more of the previously registered trademarks might run into issues. Looking through the Canadian trademark database can help people avoid some of those problems. The application itself has to properly describe the goods and services associated with the trademark. After filing an application, a filing certificate is provided as long as the required information and fees have been provided.
Once an application reaches an Examiner, it is reviewed to determine if any trademarks have too much in common with the Applicants. The Application will also be evaluated to determine whether or not the goods and services have been described in ordinary commercial terms.
During examination, only certain amendments may be made. For example, the description of goods and services can only be narrowed. If an application is not drafted appropriately initially, it may be impossible to make acceptable changes. Having a trademark agent assist with the trademark process can be invaluable.
For more information about the trademark process, contact our registered trademark agents.
