What’s a trademark? All You Need to Know About 2022
What exactly is a trademark, then?
After some time has passed, a trademark will come to stand not only for the reputation of the maker but also for the actual goods or services that a person or company provides. The value of intellectual property, such as trademarks, can not be overstated.
The filing of your trademark and the protection of your assets are made much simpler by experienced trademark attorneys. Craig Wilson and Company Inc. is a firm of Canadian Licensed Patent and Trademark Agents in Canada that specialises in obtaining Patent Grants and Trademark Registrations before the Patent Offices and Trademark Offices in Canada. The firm’s name comes from the fact that its members are all Canadian.
Different Categories of Trademarks
A trademark can be composed of words, designs, tastes, textures, moving images, modes of packaging, holograms, sounds, scents, and three-dimensional shapes, or it can be a combination of these elements.
The purpose of a trademark is to distinguish the goods or services of one person or organisation from those of competitors. Consider for a moment that you have launched a new delivery company and have settled on the name Giddy-up for it.
You have the ability to submit an application to register these phrases as a trademark for the service that you provide if you satisfy all of the legal requirements.
- It is possible for a certification mark to be licenced to a number of different individuals or businesses with the intention of indicating that particular goods or services are in accordance with a particular standard. For example, Wool mark Americas Ltd. is the owner of the Wool mark logo, which may be found on a variety of products including clothing.
- It is not uncommon for people to use the phrases “trademark” and “patent,” “copyright,” “industrial design,” and “integrated circuit topology” interchangeably. These other things, such as trademarks, are instances of intellectual property in their own right. However, there are a number of important differences, including:
- The purpose of a trademark is to distinguish the goods or services of one person or organisation from those of other people or organisations. They may consist of one or more of the following: words, sounds, designs, tastes, colours, textures, smells, moving images, three-dimensional shapes, ways of packaging, or holograms. They may also take the form of a combination of these elements.
- Patents can be granted for a wide variety of things, including products, formulations, equipment, methods, and any unique and helpful changes to an existing invention.
- Works of literature, art, theatre, or music (including computer programmes), in addition to other sorts of content such as sound recordings, performer performances, and communication signals, are all protected by copyright laws.
- Industrial designs are the aesthetic features of a finished product that include the object’s shape, configuration, pattern, or decoration, or any combination of these characteristics. Industrial designs can also be used to refer to the aesthetic characteristics of a product’s packaging.
- Integrated circuit topographies are the three-dimensional configurations of electronic circuits that can be found in the products that use integrated circuits or the layout designs for such products.
Trademarks vs trade names
The name you’ve given your company is also its trade name. Only a trade name that is also used as a trademark, that is, if it is used to identify goods or services, is eligible for registration under the Trademarks Act. This is because a trademark must be used to distinguish one good or service from another.
For the purposes of this example, let’s assume that you’re operating a mobile shop under the name “A.B.C. Ltd.”
Compare registered and unregistered trademarks
After registering a trademark, you are awarded the right to make exclusive use of the mark inside Canada for a period of ten years. Following that, you will have the opportunity to renew your trademark every ten years.
It is required that a registered trademark be included in the database known as the Register of Trademarks. The certificate of trademark registration acts as unmistakable evidence of your ownership of the property.
If you use a brand for a predetermined amount of time without registering it, you might be able to gain rights to that name under common law. If you use an unregistered trademark and there is a disagreement over who has the right to use a trademark, you may be required to get involved in a drawn-out legal battle in order to determine who has the authority to do so.
If you do not make use of the mark for a lengthy period of time, it is possible that it will be more difficult for you to prove legal ownership of the trademark if your registration is removed from the Register of Trademarks.
You will be able to learn more about registering trademarks in countries other than Canada later on in this Guide.
What you are able to sign up for
When an application covers a particular plant variety or another plant variety of the same species, you are not allowed to register a trademark if the mark contains a plant variety denomination (which is when the owner is given the authority to control the multiplying and selling of reproductive material for a specific plant variety) or if the mark is so similar to a plant variety denomination that it is likely to be mistaken for it.
Who is eligible to sign up?
In order to be qualified for trademark registration, an applicant needs to be considered a “person.” The term “person” can refer to a number of different entities, including an individual, a partnership, a trade union, an organisation, a joint venture, or a corporation. It is possible to submit applications from a group consisting of two or more members.
How long is the validity of the registration?
Your registration will be active for a period of ten years beginning on the date you initially submitted it. After that, you will have the option to pay a fee and renew it once every ten years.
Prior to submitting an application, here are some things to think about.
Things to think about before submitting an application, However, the Registrar is unable to draught your application for you, offer you legal or business advice, or search for trademarks on your behalf. Additionally, the Registrar cannot undertake searches on your behalf.
Investigate Canadian Trademarks
It is a good idea to conduct a search for trademarks that are currently in use as the first step in establishing whether or not someone would confuse your trademark with one that belongs to another entity. Even if it is not obligatory of you to do so, it will be beneficial to know whether or not there are any other trademarks that compete with yours. If they do, you run the risk of being found guilty of infringing on someone else’s trademark and having to go to court.
Conduct a search through the Database of Canadian Trademarks.
The first thing you should do is conduct a search for previously registered trademarks to see whether or not your brand could be confused with that of another company.
In order to ensure that you have conducted an exhaustive search, you should check for any and all possible applications of the trademark you seek to register. You need to do a search for every possible spelling of a standard character trademark (word or words), including ones that are written in French.
First things first: get on over to the Canadian Trademarks Database. Make use of our instructions to get the most out of your search.
Conduct a search on trade names.
Before continuing, you need to conduct a search for trade names as well. Trade names are routinely used as trademarks, even when the names themselves are not registered as trademarks.
Consider the possibility of dealing with a trademark agent who is registered.
The process of planning and carrying out your application for a trademark could prove to be challenging. Whoever is responsible for doing so is required to have a solid understanding of trademark law as well as the workings of the Registrar’s office.
Avoid dealing with unregistered trademark agents at all costs! During the process of applying for a trademark, they are not allowed to take on the role of applicants’ representatives in any capacity.
A trademark agent will make sure that your application is written in the correct format so that your trademark is protected. This is absolutely necessary in the event that your trademark rights are challenged. Even when it is not necessary, it is typically recommended to carry out the action nevertheless.
The Registrar will interact with your representative once you have chosen one for your organisation. In the event that you choose to terminate such an arrangement, you will have to speak with the Office directly.
You are free to choose a different trademark agent at any time or even to go without one entirely. Craig Wilson and Company Inc. is widely regarded as one of the most successful Licensed Patent for trademark organisations in Canada.