2019-11-15
When creating a business or product, there are many things to consider. Selecting a name, slogan and/or logo is one thing to consider. Often, the names that are given to products or businesses hold some significance to the person naming them and it can be valuable to protect the trademarks that are created. While some basic protection is available for a trademark without registering it, a trademark registration provides much greater overall protection. If you neglect to register your trademark, you can end up having to fight for something you rightfully own.
Different countries have different rules and policies when it comes to registering a new trademark. It is highly advisable to learn what those rules and policies are before you proceed. If you are in the United States, it might be prudent to find out if your state has any special requirements. Whether it is a state or a country, all rules and regulations of registering a trademark are enforced via a specific jurisdiction. Find out what your jurisdiction is, then inquire about their requirements.
Where Is Your Business Being Conducted?
This is an important question to ask yourself when you are determining your jurisdiction. The idea being, if you sell services or goods of any brand in large quantities in a particular geographical location, that may be a good place to file for trademark registration. Trademarks can be filed before use of the trademark begins or after use of the trademark has already occurred.
Do You Plan to Expand Your Business to Other Countries?
You need to consider this as well. If the answer is yes, you may wish to register in those countries as well. There are benefits to filing for trademark protection in any country in which you intend to do business. Even if you do not plan a physical presence in those countries, if you ship goods or provide services to them, you may wish to registered your trademark there.
To Understand Jurisdictional Differences Better, Obtain a Trademark Lawyer or Agent
As we mentioned earlier, different countries have different laws associated with trademarks. It is not always possible to understand all of them. Therefore, you may wish to consider obtaining assistance from a Trademark Lawyer or Agent. For example, if you plan on doing business transactions in Canada, you may want to seek out a Canadian Trademark Agent. They can provide information related to the process in Canada, potential issues, filing requirements, and what type of protections you will have.
What Is Convention Priority and Can You Take Advantage of It?
When you apply for trademark registration in your home country, the date on which that took place is given priority. Most countries have secured a treaty that ensures a "right of convention priority." If you apply in another country within six months, the date of that original convention priority is typically honored. The primary purpose of doing this is to spread out the fees associated with filing in multiple jurisdictions. Consult your trademark lawyer or agent for more information.
Important Note Involving Canada
During this past year, 2019, the Madrid Protocol was entered into by Canada. It enabled Canadian-owned businesses to enjoy the same trademark protection as other regions of the world. This occurrence was good for the world in general. More information can be obtained online.
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