2016-11-30
A logo is a symbol that represents a brand and its products and services. People often recognize a brand by its logo. There is more than one way to protect a logo from infringement. One way to protect your logo is to file for a trademark registration.
A logo may be filed with or without text. If filed without text, only the design element of a logo will be protected. If filed with text, only the combination of the logo with the text is protected. It is often beneficial to file separate trademarks for the logo and for the text. This provides the trademark owner with the ability to use their logo and text in a variety of different ways while still having protection for both.
The process for trademarking your logo involves the following steps:
Image Source: commons.wikimedia.org
Preparative Research
A preliminary search may be performed to avoid conflicts and legal actions. A review of the Canadian Trademarks Database, Trade-marks Journal, trademark registries, industry publications and prohibited marks can be used to look for similar logo trademarks.
Application to Register
When filing a trademark application for a logo, you are required to include a formal drawing of your design. The drawing should be of good quality and in black and white. A logo filed in black and white covers the possibility of using different colors for the same logo. If color is an important element of your logo, you can provide a description of the colors that you will use. If at any point the logo you are using changes, you may have to file a new application to cover the new design.
Image Source: commons.wikimedia.org
Inspection
After your application is filed, a trademark examiner will review it and determine whether it can be published in the Trade-marks Journal. If there are any amendments required, you will receive an examiner’s report. You will then have the opportunity to amend your application to correct any deficiencies noted by the Examiner. A failure to respond to an examiner's report will result in the abandonment of your trademark application. If the examiner approves your application, your logo gets published in the Trade-marks Journal.
Opposition
For two months after publication, any interested party may oppose your trademark application. If your logo trademark application is challenged, you have two months time to contest it by filing a counter statement. Opposition proceedings are often a long and drawn out process with each party filing evidence and preparing written submissions to the Trademarks Office. If the opposition is successful, your application will be refused.
Grant & Registration
If no one challenges your application, or if the opposition is unsuccessful, your trademark logo is allowed. Once the notice of allowance is received, the registration fee is payable. In the case of proposed use, you will be required to send in a declaration of use, stating that you have started to use the mark or you may request an extension of time until you start using it.
While the process may seem simple, small errors can be costly. The whole process to trademark your logo generally take more than a year. Preparing the application requires attention to detail and a basic understanding of Trademark requirements. Seeking the assistance of a registered trademark agent is recommended. A trademark agent can help to prevent many blunders made my inexperienced parties.
