2016-11-28
Your brand is identified by the trademarks you choose to use. Names, symbols, logos and images can all provide identifiable features. To obtain exclusive rights across Canada, you need to get it registered. While the trademark registration process appears simple, there are a number of rules and regulations that must be followed. These rules and regulations govern the trademark process. The following mistakes can hinder your ability to obtain a trademark registration:
Image Source: jphotostyle.com
- Your Trademark is Not Distinctive
A common reason that a trademark may be rejected is its similarity to another registered trademark or previously filed trademark application. A thorough search completed prior to filing a trademark application can provide valuable information regarding other similar marks. The Canadian Trademarks Database, internet searches, industry publications, prohibited marks and the Trade-marks Journal are all excellent resources. This can save you from oppositions and infringement actions when you file your trademark application.
When determining whether two trademarks are similar, an Examiner looks at the trademark itself and similarity between the listed goods and services. If your trademark is similar to another, but the trademarks are being used in two separate industries, then you may be granted a trademark registration.
- Incorrectly Identified Ownership
Make sure that your trademark application correctly states the name of the trademark owner. The owner may be an individual, a company, a partnership or a joint venture. If the owner of the trademark is a company, it is important to ensure that the company has been incorporated prior to applying for a trademark registration.
- Poorly Described Goods & Services
When applying for a trademark, you need to describe the goods and services that it will be used with. Check your application before submission to ensure that you have accurately described them. You may face rejection if the information is found to be inaccurate or false.
- Ignoring Examiner's Reports
Before your application is published in the trademarks journal, the examiner may send you a correspondence objecting to your application and giving you the opportunity to amend your application. This is known as an Examiner’s report. A failure to respond to the Examiner's Report in the time allowed will result in your application becoming abandoned.
- Not Trademarking your Taglines
A tagline is the soul of many brands. It can be as important as the product name or logo. If you fail to trademark a tagline, you may have to deal with infringement issues in the future. For example, Nike has trademarked its slogan "Just Do It".
- Incorrectly Describing Goods & Services
When describing your goods and services, you must be clear. Avoid using vague or open ended words such as include or like. Being specific is the key.
- Using Generic Terms
Unique names allow for easier brand recognition. Use of generic words and phrases will not distinguish your business from others. The use of fanciful or unique words can improve the chances of obtaining a registered trademark. For example, invented words like XEROX, Coca-Cola make for excellent trademarks. Simple and generic terms are non distinctive and would be difficult, and often impossible, to register. You can choose to pick a term that is not related to the product or service you offer, such as Apple. Or, you may consider using phrases that are suggestive of the qualities of your product or service.
By avoiding these common pitfalls, it becomes more likely that you will have success registering a trademark. Mistakes are common during the trademark process. A trademark agent can assist with the process and help to avoid these common mistakes.
