How to Register your Trademark in Canada
Quick lesson on trademarks:
The key to trademarks is to pick a word for the proposed trademark that is original and unique (a word that cannot be found anywhere).
This seems counterintuitive. The best trademarks have no logical connections to their products.
A trademark simply identifies the source of the product/service.
Think of a google search, and someone inserts your proposed trademark in the google search and ONLY ONE search results is returned (your web page) - this is because your trademark is original and cannot be found anywhere! the trademark identifies you and only you!
Example: 123xyz!@# pillows is 100% original! 123xyz!@# has no logical connection with (it does not describe your) pillow!
This is how a trademark works got you.
http://www.inta.org/Media/Documents/2012_TMUseMediaInternetPublishing.pdf
http://itre.cis.upenn.edu/~myl/languagelog/archives/000949.html
http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr02360.html
TRADEMARK REGISTRATION SERVICES IN CANADA
Did you know that the only way to protect your business identity and intellectual property in Canada is to register a trademark?
This is what the federal government has to say about protecting your corporate name. (The same would apply to any business name)
1. “The granting of names under the Canada Business Corporations Act does not protect you from earlier or subsequent trade-marks of other parties.”
2. “You may wish to conduct your own NUANS searches on a periodic basis after your name has been approved. This would be done in order to ensure, to your own satisfaction, that no confusing corporate or business name has subsequently been approved in the jurisdiction(s) in which you are carrying on business, and to give you up to date information about trade-marks that have been applied for or registered subsequent to the granting of your corporate name.”
3. “Using a corporate name which is similar to a registered trade-mark may result in liability for infringement of the registered trade-mark even if the trade-mark was registered after the corporate name was granted. This is so because, under trade-marks law, the holder of a corporate name bears the responsibility of ensuring that no new trade-marks are registered which are confusing with that name.”
4. “Registration of a trade-mark is the best way to obtain the exclusive right to use the mark in all of Canada in association with the products and services for which the registration is obtained. While the Trade-Marks Office can provide basic guidance, it is recommended that a specialist be consulted.”
Yes, it is a fact. Anyone in Canada can apply and register a trademark that may force you to change your corporate or business name. Think of the potential costs you may incur. Such costs like legal fees, changes to your marketing material, even simply changing your stationery, all cost money. What about a major inconvenience and loss of name recognition? Trademark infringement could be devastating for a small business.
If your business name, slogan, website, name of a product or service you provide is valuable to you, you must protect it. Simply placing a (™) mark beside the name offers you zero protection. You must have a registered trademark in order to get protection in Canada.
A one-time registration offers you 15 years of protection and you can always renew your registration for an additional term.
If you choose to protect your interest and register a trademark, please check out these links:
http://www.bdc-canada.com/BDC/services/Trademark_reg.htm?gclid=CKejwoq-mdICFYW2wAodOgcM5Q
https://www.bdccanada1.com/bdc_order/index.php?website=index&page=commerce&op=options&packageId=48
A standard registration requires between 12 and 18 months to complete, however you get priority protection from the first day of filing your application. A standard trademark application filing is available for only $249 plus government fees.
This service includes preparing and filing the necessary documents with the federal government on your behalf.
They also offer a professional trademark filing package for $395 plus government fees.
This package includes a detailed review of trademark coverage and if required, a personal consultation with a trademark specialist.
Orders can be easily placed online, by fax or mail.
For more information, please contact 416-649-8721 or toll free at 1-877-226-2921 if you require assistance.
The key to trademarks is to pick a word for the proposed trademark that is original and unique (a word that cannot be found anywhere).
This seems counterintuitive. The best trademarks have no logical connections to their products.
A trademark simply identifies the source of the product/service.
Think of a google search, and someone inserts your proposed trademark in the google search and ONLY ONE search results is returned (your web page) - this is because your trademark is original and cannot be found anywhere! the trademark identifies you and only you!
Example: 123xyz!@# pillows is 100% original! 123xyz!@# has no logical connection with (it does not describe your) pillow!
This is how a trademark works got you.
http://www.inta.org/Media/Documents/2012_TMUseMediaInternetPublishing.pdf
http://itre.cis.upenn.edu/~myl/languagelog/archives/000949.html
http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr02360.html
TRADEMARK REGISTRATION SERVICES IN CANADA
Did you know that the only way to protect your business identity and intellectual property in Canada is to register a trademark?
This is what the federal government has to say about protecting your corporate name. (The same would apply to any business name)
1. “The granting of names under the Canada Business Corporations Act does not protect you from earlier or subsequent trade-marks of other parties.”
2. “You may wish to conduct your own NUANS searches on a periodic basis after your name has been approved. This would be done in order to ensure, to your own satisfaction, that no confusing corporate or business name has subsequently been approved in the jurisdiction(s) in which you are carrying on business, and to give you up to date information about trade-marks that have been applied for or registered subsequent to the granting of your corporate name.”
3. “Using a corporate name which is similar to a registered trade-mark may result in liability for infringement of the registered trade-mark even if the trade-mark was registered after the corporate name was granted. This is so because, under trade-marks law, the holder of a corporate name bears the responsibility of ensuring that no new trade-marks are registered which are confusing with that name.”
4. “Registration of a trade-mark is the best way to obtain the exclusive right to use the mark in all of Canada in association with the products and services for which the registration is obtained. While the Trade-Marks Office can provide basic guidance, it is recommended that a specialist be consulted.”
Yes, it is a fact. Anyone in Canada can apply and register a trademark that may force you to change your corporate or business name. Think of the potential costs you may incur. Such costs like legal fees, changes to your marketing material, even simply changing your stationery, all cost money. What about a major inconvenience and loss of name recognition? Trademark infringement could be devastating for a small business.
If your business name, slogan, website, name of a product or service you provide is valuable to you, you must protect it. Simply placing a (™) mark beside the name offers you zero protection. You must have a registered trademark in order to get protection in Canada.
A one-time registration offers you 15 years of protection and you can always renew your registration for an additional term.
If you choose to protect your interest and register a trademark, please check out these links:
http://www.bdc-canada.com/BDC/services/Trademark_reg.htm?gclid=CKejwoq-mdICFYW2wAodOgcM5Q
https://www.bdccanada1.com/bdc_order/index.php?website=index&page=commerce&op=options&packageId=48
A standard registration requires between 12 and 18 months to complete, however you get priority protection from the first day of filing your application. A standard trademark application filing is available for only $249 plus government fees.
This service includes preparing and filing the necessary documents with the federal government on your behalf.
They also offer a professional trademark filing package for $395 plus government fees.
This package includes a detailed review of trademark coverage and if required, a personal consultation with a trademark specialist.
Orders can be easily placed online, by fax or mail.
For more information, please contact 416-649-8721 or toll free at 1-877-226-2921 if you require assistance.
How to Register your Trademark in the USA
How to file a Trademark with the USPTO: Initial Application Forms: Use an initial application form to file an application electronically to register a trademark for goods or a servicemark for services.
https://www.uspto.gov/trademarks-application-process/filing-online/initial-application-forms
Apply online: First timer? Get basic information before filing to avoid mistakes that cost you time, money, and potentially your legal rights. To apply for a trademark or servicemark, select your form from the table heading below. Once you select the form, you will be directed to our Trademark Electronic Application System (TEAS) where you can being filing your application.
https://www.uspto.gov/trademarks-application-process/filing-online
Trademark basics: What Every Small Business Should Know Now, Not Later. What you should know before filing:
https://www.uspto.gov/trademarks-getting-started/trademark-basics
Trademark process: An overview of a trademark application and maintenance process
https://www.uspto.gov/trademarks-getting-started/trademark-process#step1
https://www.uspto.gov/trademarks-application-process/filing-online/initial-application-forms
Apply online: First timer? Get basic information before filing to avoid mistakes that cost you time, money, and potentially your legal rights. To apply for a trademark or servicemark, select your form from the table heading below. Once you select the form, you will be directed to our Trademark Electronic Application System (TEAS) where you can being filing your application.
https://www.uspto.gov/trademarks-application-process/filing-online
Trademark basics: What Every Small Business Should Know Now, Not Later. What you should know before filing:
https://www.uspto.gov/trademarks-getting-started/trademark-basics
Trademark process: An overview of a trademark application and maintenance process
https://www.uspto.gov/trademarks-getting-started/trademark-process#step1
