How to Write Trademark Registration

Branding is a crucial aspect of any business. Whether it is your brand name, logo, or phrase, these assets can provide you with goodwill and an extensive market share. A trademark is a name, word, phrase, symbol, or design, used to distinguish your products and services from those of others. Trademarks are brands, for example, Apple and McDonalds. Since your branding is valuable to you, you may want to acquire legal rights over it.

Trademark registration often seems complex to many people. Although filing an application is the first step to obtain registration, many people face difficulties in drafting it. Here is a brief guide on how to file for trademark registration.

Identify Whether or Not the Mark is Available for Use

To obtain registration, your trademark must be unique and not be considered to be confusing with an already existing mark. To help determine the distinctiveness of your marks , conduct a general Google search and go through the Trademarks Database. Remember, existing marks can be any active trademark application or registration. Also, do your best to ensure that your mark is not similar to any other existing non-registered marks. Any sign of confusion with similar marks and you could end up in a situation where you are not successful in obtaining a registration and could potential end up with an infringement lawsuit.

Preparing a Trademark Application

Once you have identified the distinctiveness of your mark, the next step is to file for registration with the trademark office. If you have not yet started using your trademark but plan to use it, then you can apply with a proposed use application. For more than one trademark, you will have to file multiple applications. However, a single application can cover a number of goods and services for a given mark. A trademark application requires you to provide the following details –

• The name and address of the applicant
• The trademark – name, logo, symbol, phrase
• Details on goods and services associated with the mark
• A statement of use or intent to use or the date of first use of the trademark in Canada

The name and address of the applicant includes your name and your business or mailing address since you are applying for registration. Whether it is your brand name or symbol that you wish to trademark, mention it in the application. In case your mark has specific colors or a design to it, then you may have to include formal drawings. Make sure the drawing is in black and white with the description of colors you intend to use in the design. Following the size and description regulations with regards to drawings is essential when applying for registration.

If you have already started using your mark, provide a statement of use in Canada. This statement must highlight the goods and services associated with the mark and the date of first use for each category of goods and services. If you have a proposed use application, then you may provide a statement of ‘intent to use’ along with the details of goods and services with which you intend to use the mark. Have you hired a legal representative for the process? Then you can mention their name and address and request that any communication be sent to them.

Here was a short guide on writing a trademark registration application. Preparing and going through the trademark registration process is complex. Hiring a trademark agent is highly recommended when planning to file for registration.