2022-04-08
A trademark is a symbol that differentiates a company's goods or services from those of others. Trademarks can include product or business names, phrases, designs, colors, smells, 3D shapes, and more. The purpose of a trademark is to create a distinct and memorable image for customers in the marketplace.
A registered trademark helps to safeguard your company's brand while also assisting you in preventing duplication and fraud. Any person, enterprise or judicial body can register a trademark. Trademarks can be used on packaging, labeling, the actual product, and in advertisements. In order to be valid, a trademark must distinguish the goods and services of the owner from those of others.
Applying for Trademark Registration
You should be aware of the process before applying for a trademark. We'll now take a step-by-step look at how to register a trademark.
1) Identify your trademarks and determine which you would like to protect with a registration.
2) Complete a trademark search.
3) Read the trademark application attentively and fill out all of the information required, including a description of your products and services.
4) After completing the trademark application process and receiving the examination report, you are now required to revise the trademark and provide arguments where appropriate.
5) If the amendments are permissible and your arguments persuasive, your trademark application will be published for opposition purposes and, assuming no oppositions, will register.
Things to Keep in Mind
- When you register a Canadian trademark, you gain the right to use your distinctive mark on your registered services throughout Canada. You also gain the authority to prevent others from using the same or a similar mark to yours.
- A trademark that is registered in Canada is valid for ten years from the day it is registered. The trademark can be renewed every 10 years.
- The Canadian Trademarks Database has a limited scope when it comes to completing searches. A failure to find a specific trademark using a keyword search does not mean that your proposed trademark is registrable.
- A registered Canadian Trademark Agent can be invaluable during the registration process. They can provide insight into potential pitfalls, likelihood of success, and assist with issues that arise during the trademark process.
It's common to question how long it will take to register a trademark. The truth is that there isn't a set time limit. While your trademark is in the midst of being registered, various conditions may emerge. You can explore and learn about fundamental Canadian guidelines to understand what to expect.
We understand how complicated trademark law can be and can assist with the trademark process. To learn more or for assistance, reach out to us.
