|Trademark registration gives you
exclusive rights to words, symbols and designs, or combinations of
these, that distinguish your wares or services from those of someone
else. Registration provides protection for renewable 10-year
periods. Please visit http://www.uspto.gov/
for the latest information.
is direct evidence of ownership.
- In a
dispute, the registered owner does not have to prove ownership;
the onus is on the challenger. Use of an unregistered trademark
can lead to a lengthy, expensive legal dispute over who has
the right to use it.
- A registered
trademark is a valuable asset for business expansion through
- An application
for registration must be filed with the Trademarks Office.
are examined to ensure that they comply with the Trademarks
A trademark registration may be declared invalid because it
is similar to a trade name (company name) currently being used.
It's a good idea to conduct a search of existing trade names
before filing a trademark application.
a trademark application can be a complex task. You may file
on your own, but it is recommended that a registered trademark
agent do so on your behalf.
- The Trademarks
Office can provide a list of registered agents.
type of mark be registered?
that cannot be registered are:
that are clearly descriptive (e.g. "delicious" ice
that are misleading;
that designate a place of origin (e.g. "Atlantic"
or symbols that are too similar to an existing trademark or
those that are prohibited under the Trademarks Act (e.g. coats
of arms, badges, etc. of national and international organizations
and immoral or offensive terms).
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