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Trademarks
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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.
Why register?
- Registration
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
licensing franchises.
How does
it work?
- An application
for registration must be filed with the Trademarks Office.
- Applications
are examined to ensure that they comply with the Trademarks
Act.
-
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.
- Preparing
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.
Can any
type of mark be registered?
No. Marks
that cannot be registered are:
- names
of individuals;
- words
that are clearly descriptive (e.g. "delicious" ice
cream);
- terms
that are misleading;
- words
that designate a place of origin (e.g. "Atlantic"
cod);
- terms
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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