Trademark registration gives you exclusive rights
to words, symbols and designs, or combinations of
these, that distinguish your wares or services from
those of someone else. Registration provides protection
for renewable 10-year periods. Please visit http://www.uspto.gov/ for the
latest information.
Why register?
Registration
is direct evidence of ownership.
In a dispute,
the registered owner does not have to prove ownership;
the onus is on the challenger. Use of an unregistered
trademark can lead to a lengthy, expensive legal
dispute over who has the right to use it.
A registered
trademark is a valuable asset for business expansion
through licensing franchises.
How does it work?
An application
for registration must be filed with the Trademarks
Office.
Applications
are examined to ensure that they comply with the
Trademarks Act.
A trademark
registration may be declared invalid because it
is similar to a trade name (company name) currently
being used. It's a good idea to conduct a search
of existing trade names before filing a trademark
application.
Preparing a
trademark application can be a complex task. You
may file on your own, but it is recommended that
a registered trademark agent do so on your behalf.
The Trademarks
Office can provide a list of registered agents.
Can any type of mark be registered?
No. Marks
that cannot be registered are:
names of individuals;
words that
are clearly descriptive (e.g. "delicious" ice cream);
terms that
are misleading;
words that
designate a place of origin (e.g. "Atlantic" cod);
terms or symbols
that are too similar to an existing trademark or
those that are prohibited under the Trademarks Act
(e.g. coats of arms, badges, etc. of national and
international organizations and immoral or offensive
terms).
