Why is it important to file a trademark?
Creating a unique brand is difficult. That's why its so important that you protect your intellectual property against misuse and imitation by filing a trademark.
A trademark can protect any slogan, symbol or design associated with your business, and provides you with the legal protection and authority should infringement occur. By registering your mark with the Canadian Intellectual Property Office, you can ensure that you and only you control the use of your mark in all of Canada. If you are looking to file your trademark in the US, you will instead file with the United States Patent and Trademark Office and will be protected in all 50 states.
What is the difference between a trademark and a copyright?
While a trademark is used to protect brand identity, a copyright instead protects original work such as literary, dramatic, musical and artistic arts. This includes protection for novels, movies, songs or computer software. Generally, a copyright lasts for the lifetime of the original author / creator + 70 years while a trademark is effective perpetually, although there are exceptions. You can view our chart below to get a good sense of whether you should file a copyright or a trademark.
What is the process of filing a trademark in Canada?
To register a trademark in Canada, you will first need to file an application along with a $250 fee and a copy of your mark to the CPTO. A trademark examiner will then review your mark to ensure that it is in fact unique and acceptable for registration. This includes determining whether or not your mark is to similar to an existing registration, and that it meets their predetermined guidelines.
If for some reason an examiner finds that your mark is not valid for registration, you may need to resubmit your application. If not, your trademark application will move on to the next step of being published publicly in the Trademark Journal. This provides an opportunity for anyone who wishes to file an opposition to your mark to do so, if they find that your mark could possible conflict with theirs. If there are no objections made, you will receive a notice of allowance, which allows you to proceed to the final step of completing the registration of your mark.
Is a registered business name the same as a trademark?
Registering business name, often referred to as a "trade name" is used to represent your business. While registering your business name does provide some protections, such as preventing another business from registering a business with the same name. However, a trademark is used in connection with a product or service, which may, or may not, be the same as an entity's business name. A business name can only be trademarked if it is used to identify a product or service in commerce. In such cases, trademarking the name provides far greater protections than just registering the business name.
