Do Trademarks Need To Be Registered

Trademarks – Learn the basics
Protect your brand. Learn why trademarks matter.

From: Canadian Intellectual Property Office

Welcome to the Trademarks – Learn the basics online module

To succeed in the business organisation world, you need to send the correct message and develop the right image.

Everything that sets your business autonomously produces a brand paradigm that consumers come to know. Your brand tells them what they tin expect from your appurtenances and services and sets you lot apart from competitors.

Trademarks are valuable intellectual holding (IP) assets that can protect your brand.

Find out what trademarks are and how to brand strategic apply of them.

This module is aimed at those who would like to larn about IP, specifically trademarks.

This can include:

• entrepreneurs
• innovators
• creators
• Canadian small-scale and medium-sized businesses

In this module, you will learn:

1. what a trademark is
2. what you tin can and cannot register as a trademark
3. how trademarks tin can be a valuable business asset
4. the steps involved in filing a trademark application
5. best practices on managing your trademark portfolio

IP refers to creations of the mind, such as inventions, literary and artistic works, designs, brand names, slogans and logos used in commerce.

Developing a make identity and image is essential in setting up your business for success.

A registered trademark can protect things like the following:

• Clever and catchy names to depict your products or services
• Distinctive visual identifiers, such as words and logos
• Promotional materials, such every bit slogans and jingles

Over time, your trademarks come up to stand non only for the goods you make or the services you provide, but also for your reputation and brand in the marketplace.

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Understanding trademarks

What is a brand?

Simply put, your brand is your image. Information technology represents your reputation in the eyes of consumers.

It is built over time and can be a synonym of quality and reliability in the marketplace.

Take a moment to retrieve of brands you similar.

…

Why did you specifically recollect of these brands?

What is a trademark?

A trademark is a sign or combination of signs used or proposed to be used past a person to distinguish their goods or services from those of others.

A trademark protects your make identity, which represents your company and your goods or your services.

Trademark, visitor name and domain name

Trademarks, visitor names and domain names are often confused:

• Trademark
  Your company name, your logo or the way y'all place or refer to your goods or services
• Company name
  The name under which y'all conduct your business, your concern name or your trade name
• Domain name
  The name of your website address on the net

Registering your domain name or incorporating your concern does not give y'all any trademark rights.

Example

The Tim Hortons trademark has been used in Canada in association with coffee, donuts and restaurant services since the 1960s. Information technology has been registered (with the "s") since 1991 and is still registered today.

When you hear "Tim Hortons," you may immediately recall of a particular type of coffee and an array of donuts served in a particular type of eating house. That association is exactly what trademarks are meant to do.

The company name in this example is "Tim Hortons Inc."

The domain name is "timhortons.com."

The visitor uses its trademark in its domain proper name, merely its domain name as a whole is not necessarily a trademark.

Types of trademarks

There are two types of trademarks:

An ordinary mark may include words, designs, tastes, textures, moving images, modes of packaging, holograms, sounds, scents, 3-dimensional shapes, colours or a combination of these used to distinguish goods or services.

A certification mark can be licensed to many people or companies for the purpose of identifying that certain goods or services meet a defined standard.

Registering a trademark in Canada

Registering a trademark means information technology is entered in the Canadian Register of Trademarks.

Registering a trademark gives you the sole right to use information technology across Canada for 10 years.

Get-go the registration procedure by submitting a trademark application with the Canadian Intellectual Holding Part (CIPO).

Why annals trademarks?

A registered trademark:

• constitutes straight testify that yous ain the trademark
• prevents others from registering and using a confusingly like trademark
• gives you the ability to enforce your trademark correct
• becomes more valuable if you license your trademark for others to use

Trademark symbols

In that location is no legal requirement to mark your trademark with whatsoever particular symbol.

Withal, yous may come up across the following symbols when searching for trademarks:

The ® symbol indicates that the trademark is registered.

The ™ symbol indicates that the trademark is unregistered or in the process of existence registered.

Choosing a trademark

Choosing a trademark is not always a straightforward chore.

A trademark should exist unique and not easily confused with any existing trademark. In order to be registrable, information technology will also need to comply with the Trademarks Act, which is the federal legislation governing trademarks in Canada.

The strongest and about potentially valuable trademarks are usually the to the lowest degree descriptive, but almost distinctive.

Consider using:

• a coined term or made-up word
• a trademark that is unrelated to the goods or services offered

Consider the translation of your mark if y'all are thinking of exporting your brand. Translating a trademark into other languages could consequence in unlike meanings or interpretations.

A coined term or made-up word

The following are successful Canadian companies and brands that employ a coined term or made-up word for their trademark.

Suncor
Synthetic crude from oil sands

Arc'teryx
Outdoor wearable and sporting goods

Yogen Früz
Frozen yogurt and smoothies

A trademark that is unrelated to the goods or services offered

The post-obit are successful Canadian companies and brands that employ a trademark that is unrelated to the goods or services they offering.

BlackBerry
Smartphones and tablets

Indigo
Books, gifts and specialty toys

President's Choice
Grocery and household products

Choosing a trademark

Trademarks that cannot be registered include the post-obit:

• Clearly descriptive marks
• Words that are the name of the goods or services in other languages
• Trademarks based on a identify of origin
• Names and surnames
• Deceptively misdescriptive trademarks
• Trademarks that could be confused with other registered or pending trademarks

For more information and examples on what you tin can and cannot register as a trademark, consult the Trademarks guide.

Using your trademark

As the owner of a registered trademark in Canada, you take the responsibility to use the trademark in regard to the goods or services that are identified in the trademark registration.

If you do non use information technology, your trademark may be expunged from the Annals of Trademarks.

Value added past trademarks

Trademarks help build your reputation and goodwill in the eyes of the public, which will make your brand bonny and maintain consumer loyalty.

A registered trademark could deter counterfeiters from copying your product or causing defoliation in the market place with a similar trademark to yours.

Without trademark protection for your goods or services, customers may be unable to distinguish your 18-carat product or service from a fake.

A registered trademark tin can boost investor and stakeholder confidence.

You could also establish partnerships within your investors' network and other companies, which could help build your company's reputation.

Registered trademarks can likewise exist a acquirement source.

Secure licensing or franchising agreements, so that a 3rd party can utilize your registered trademark in substitution for royalties or a pct of all sales.

Successful companies in the food manufacture, such every bit McDonald's, Subway and Tim Hortons, are great examples of this business organization model.

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Using trademarks strategically

Create brand value

Trademarks aid create brand value for your business organisation by distinguishing your goods or services from the contest's.

Build value by integrating your other IP avails with your brand.

Edifice the value of your make

• Inventions (patents)
• Brands, logos, slogans (trademarks)
• Formulas, data, manufacturing process (merchandise secrets)
• Written works, videos, music (copyright)
• Production design (industrial design)

Sell your make

Use your brand to grow your concern.

Consider getting exclusive legal rights to your trademark with a registered trademark that volition serve as evidence of ownership.

Consider commercializing your trademark, which you can do, for example, past setting up licensing agreements.

What could you gain from it?

• Reaching new markets by expanding through your licensee's marketing and distribution channels
• Increasing brand recognition by appearing on new products and in new channels
• Establishing strategic partnerships where both parties work together toward common core business goals

Brand partnering

A strategic brand partnership can also greatly increase the value of trademarks.

Consider the instance of Sidney Crosby, who partnered with Reebok to create his own personal brand, "SC87," which sells hockey equipment and wearing apparel that are "approved" by Crosby.

He likewise has partnerships with companies such as Gatorade and Tim Hortons. These partnerships are meant to appeal to his fans and attract consumers to the companies' products.

Consign your brand

Trademark protection is territorial. Consider strategically filing for trademark rights in countries where you lot programme to do business.

Use online tools and databases to search for trademarks in countries where you plan to do business. Brand sure no one else has the legal rights to your trademark, or to one that could be confused with yours.

Consider licensing agreements with overseas entities, as they are one of the quickest ways to aggrandize across global markets.

International trademark filing arrangement

The Madrid System allows you to utilize in multiple countries past filing one application and paying 1 prepare of fees.

For more information on seeking trademark protection internationally, consult:

• CIPO web page on international trademarks under the Madrid Protocol
• World Intellectual Property Organization (WIPO) web page on the Madrid Organization

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Applying for a trademark in Canada

Search trademark databases

Before you file, search for registered trademarks or pending trademark applications.

This will aid you determine if your trademark could be confused with someone else'southward.

Start with the Canadian Trademarks Database on the CIPO website.

Check out the tutorial on how to search the database.

If yous are thinking virtually using your trademark abroad, search international databases for registered trademarks around the world.

United States Patent and Trademark Function

WIPO Global Brand Database

Understand the application process

Brand certain y'all sympathize the trademark application procedure at CIPO.

Check out the roadmap to larn more.

Appurtenances or services associated with your trademark

Earlier filing your trademark application, you must understand how to grouping all of the goods or services associated with your trademark co-ordinate to the classes of the Overnice Classification.

The Nice Nomenclature:

• is an international classification system used to classify goods and services for the purposes of the registration of marks
• is administered past WIPO
• consists of a list of 45 classes (34 classes of goods and 11 classes of services)
• includes form headings and explanatory notes that assistance applicants determine the types of goods and services included in that course

Submit your application

You lot can file your application and pay the fee online. You tin can too submit your complete application with your payment by mail, but you will need to pay an additional fee.

A complete awarding must include:

• the applicant's name and accost
• the trademark
  • a representation or description, or both, of the trademark
  • a argument in specific and ordinary commercial terms of the goods and services associated with the trademark
• the goods or services grouped co-ordinate to the Nice Classification
• the application fee
• whatever other requirements specific to the type of trademark

Examination of your application

Subsequently CIPO receives your application and grants it a filing engagement, a trademark examiner volition review your application to brand sure that your trademark is registrable and that it does non disharmonize with 1 already filed or registered.

If your awarding does not meet the requirements of the Trademarks Human activity and Trademarks Regulations, the examiner will explicate why, and you will then have an opportunity to overcome the objection or meet the missing requirements.

Publication of your application

If your application is in lodge, it volition be advertised in the Trade-marks Periodical, which is the official publication that lists every application that has been canonical for ad in Canada and is available on the CIPO website.

This allows others to oppose a trademark before it is registered.

Any person who has a valid footing of opposition to any trademark awarding for registration advertised in the journal may file a statement of opposition within two months of the advertisement appointment.

Registration of the trademark

If no 1 opposes to your awarding, information technology will go on to registration.

CIPO will send you a certificate of registration and enter the trademark in the Register of Trademarks.

Standard fees

Sure fees may be applied during the trademark registration process.

Consult the list of fees related to trademark registration.

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Managing your trademark

Renew your trademark

To maintain your trademark registration, you must pay a renewal fee every 10 years.

If you practise not, your trademark will be expunged from the Annals of Trademarks. You lot volition receive a notice with information nigh your payment deadline.

Monitor trademark infringement

It is your responsibility to monitor the market for any unauthorized use of your trademark.

Your trademark rights could be infringed by:

• an verbal imitation
• falsely branded goods beingness imported
• some other party using your trademark in a manner that depreciates the goodwill of your make
• some other party using a similar trademark to yours in the same commercial field, which could lead to confusion for consumers in the market place

How to detect trademark infringement

To claim infringement, you must exist able to prove that y'all have a valid registered trademark and that another political party is using the aforementioned or a similar trademark that might crusade confusion.

Consider seeking the help of an IP professional, equally infringement matters are quite complex.

Here are some tips to help yous find trademark infringement:

• Keep an eye out on online marketplaces and in everyday life.
• Monitor trademark applications filed at CIPO to prevent others from attempting to register trademarks that are too similar to yours.
• Set online alerts with your trademark proper name and look for unauthorized uses on social media and in domain names.

Monitor domain name infringement

As a best practice, you should e'er do your due diligence and search domain proper name and trademark databases during the naming process of your business.

If your domain name is available and does not borrow on anyone else'due south rights, you should register your domain name and apply for trademark registration at the aforementioned fourth dimension to deter "cybersquatters" from registering your domain name before you and and then charging y'all to buy it from them.

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Resources

CIPO website – Trademarks

Start with the Trademarks web folio on the CIPO website. It contains a wealth of resources related to trademark protection in Canada.

Consult the Trademarks guide to learn more than.

CIPO website – Goods and Services Manual

Use CIPO'south Goods and Services Manual to assist you group all of the goods and services in your awarding co-ordinate to the Nice Classification.

This manual provides adequate identifications and statements of many goods and services, along with their advisable Nice class.

Trademarks Opposition Board

The Trademarks Opposition Board handles cases where:

• there is an opposition to the registration of a trademark
• a registered trademark has been expunged (removed)

It conducts hearings and renders decisions according to the Trademarks Act and Trademarks Regulations.

Consult the Trademarks Opposition Lath web page to learn more.

World Intellectual Belongings Organization

WIPO has a resourceful section on trademarks and provides an international angle to trademark protection.

Learn more than virtually the Madrid Arrangement for the International Registration of Marks.

Consult the WIPO web page on trademarks to learn more.

IP professionals – Trademark agent

Many trademark owners cull to be represented by a registered trademark amanuensis for their noesis of the Canadian registration process.

What can a trademark agent do for you?

• Represent you lot earlier CIPO for trademark matters
• Assess your trademark for registrability
• Acquit inquiry for y'all
• Assistance in writing the application with appropriate technical linguistic communication

CIPO provides a list of registered trademark agents who are authorized to stand for trademark holders before the Role.

Notation: CIPO cannot recommend whatever particular agent to you.

Hiring an IP professional

For more information on choosing and consulting an IP professional, too as the related cost, consult CIPO's resource on hiring an IP professional.

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Concluding word

Thank yous for completing the Trademarks – Learn the basics online module!

Piece of work difficult to make certain that your products or services are instantly recognizable and memorable, and that they evoke positive associations. Protect your trademarks, such as words, logos, slogans and packaging, past seeking formal registration in markets where you plan to do business organization.

Making the all-time utilise of your registered trademark rights will give you lot a competitive reward over others.

To learn more than on IP rights, check out the other online modules on patents, copyright and industrial designs to see how they could also protect your innovation and back up your business growth.

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Date modified:

2020-12-18

Source: https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04708.html

Posted by: beasleypecom1994.blogspot.com

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