FAQ
Frequently Asked Questions
A trademark is a symbol, word, image, letter, or combination of all. It is a brand used by the manufacturer or a company to distinguish itself from other major corporations. It serves as a brand identity for an organization. After a while, it represents your products or services and your organization’s reputation. Overall, a brand logo assists in brand marketing and brand management as well.
When used correctly, trademarks will drive customers to the owner’s products or services. As a result, the trademark owner gains goodwill, which is their reputation among consumers.
As per CIPO, an ordinary trademark includes words, designs, tastes, textures, moving images, mode of packaging, holograms, sounds, scents, three-dimensional shapes, colors, or a combination of these used to distinguish the goods or services of one person or organization from those of others. Trademarks could be particularly beneficial for a company or individual with a distinctive brand since they protect intellectual property and the use of a particular idea or symbol.
The first step towards the process of trademark registration is to find a trademark consultant to do the search for you. The next step includes filing the trademark. Once the registrar’s office receives the application, executives do all sorts of assessments and follow a particular procedure. This procedure is to make sure that it does contravene the Trademarks Act and Regulations. During the examination process, the trademark goes for registration in the Trademark Journal. If no oppositions appear, the trademark is all set for registration.
Trademark gives you an exclusive right to use certain words, phrases, symbols, or designs to identify your business. You can trademark a business name, but not a name that you use only for personal purposes. To get trademark protection, the name also must be distinctive. The first step towards trademarking a name is to conduct a Trademark name search. After the search is done, the next step is to file an application. Once the application has been submitted, you need to respond to Office Actions and Oppositions made by the office in a timely manner. Once the registration is complete, you may begin using the registered trademark symbol next to your name.
There are several, although not all equally effective, ways to acquire legal ownership of the corporate logo. Simply starting to use your brand is the simplest approach to getting rights. This is the least expensive choice, but it’s also the riskiest because you’ll only have ownership of the rights in the region where your logo is being used. You won’t be able to prohibit anyone from using it elsewhere. Additionally, you can file a trademark application with the secretary of state in the state where the logo will be used.
Making a trademark application with the Intellectual Property Office is the third and safest course of action.
The process of trademark registration in Canada begins with Searching for the availability of the desired trademark. The second step is to file for trademark registration. The next step involves Publication in the Canadian Trade-marks journal and registration. And you are all set to use your trademark in Canada.
The first step towards trademarking a name is to conduct a Trademark name search. After the search is done, the next step is to file an application. Once the application has been submitted, you need to respond to Office Actions and Oppositions made by the office in a timely manner. Once the registration is complete, you may begin using the registered trademark symbol next to your name.
If you’ve decided that a trademark is what your business needs, here are the steps you’ll need to take for registering it. First of all, perform a trademark name search
And decide on the type of trademark you need. Then, you prepare for an online trademark application, complete the application paperwork and pay the fees
A word, phrase, symbol, or a combination of these can all be trademarked. You may safeguard the words that describe your good or service by trademarking a phrase. By registering a phrase as a trademark, you may stop others from using it to promote goods or services that could be confused for your own. This implies that a trademark can only be used in the class of goods and services for which it was registered. Your trademark can be officially registered in order to be protected from infringement.
In order to register a trademark, you’ll need to choose a distinctive mark that has never been used in your field before and file it with the Intellectual Property Office. Once your mark has been accepted, you can more easily take legal action if someone else tries to pass it off as their own.
Yes, you can. Trademark gives you an exclusive right to use certain words, phrases, symbols, or designs to identify your business. You can trademark a business name, but not a name that you use only for personal purposes.
Yes, you can Trademark a PHRASE and you can also Trademark a WORD. Word/phrase Trademark covers Business names, Company Names, and Slogans. Word/phrase trademark is a Trademark consisting of words in standard character, without regard to color or font type.
The first step in the Canadian trademark registration procedure is to check to see if the desired trademark is already available. The second step is to file for trademark registration. The following stage entails publication in the Canadian Trade-marks journal and registration. And you are all prepared to utilize your trademark in Canada.
The typical price to register a name or logo as a trademark is about $275 when done on your own, or between $500 and $2,000 when done through a service or trademark lawyer. The price of a trademark depends on how many classifications your products or services fit under as well as the filing procedures.
The average cost to trademark a name or logo is around $275 when filing yourself, or between $500 and $2,000 when filing through a service or trademark attorney. The cost of a trademark is based on the number of classes your goods or services fall under, as well as the methods used when filing.
The registration fee for every country is different. When you register with 1st Intellectual Property (1stip.com), for 1 trademark and 1 class is CAD $800 and $350 if there is an additional class.
Here are 4 cases to demo how many trademarks and classes when trademark registration:
Case 1: One trademark, one class
If you are only registering one trademark for one type of product or service, you only need to include one class in your application. For example, if you want to register the trademark “Acme” for use in connection with computer software, you would only need to include Class 9 in your application.
Case 2: One trademark, multiple classes
If you are registering one trademark for use in multiple classes, you will need to include each class in your application. For example, if you want to register the trademark “Acme” for use in connection with both computer software (Class 9) and restaurant services (Class 43), you would need to include both Class 9 and Class 43 in your application.
Case 3: Multiple trademarks, one class
If you are registering multiple trademarks that all relate to the same type of product or service, you only need to include one class in your application. For example, if you want to register the trademarks “Acme” and “Rocket” for use in connection with computer software, you would only need to include Class 9 in your application.
Case 4: Multiple trademarks, multiple classes
If you are registering multiple trademarks for use in different classes, you will need to include each class in your application. For example, if you want to register the trademarks “Acme” and “Rocket” for use in connection with computer software (Class 9) and restaurant services (Class 43), you would need to include both Class 9 and Class 43 in your application.
The typical price to register a name or logo as a trademark is about $275 when done on your own, or between $500 and $2,000 when done through a service or trademark lawyer. The price of a trademark depends on how many classifications your products or services fit under as well as the filing procedures.
There is a free option to get a trademark for your name, logo, or phrase. The way to get a free trademark is to establish common law trademark rights by using your mark to brand your business, products, or services. Common law trademark rights have limitations, but they can offer some protection for names, logos, and phrases.
From the date of trademark registration, a trademark is valid for ten years. The trademark registration may be extended for a further 10-year period. However, to keep your registration active throughout the first ten years of registration, you must finish your initial trademark renewal between years five and six.
It’s important to keep in mind that last element when it comes to safeguarding your registered trademark status. Between the fifth and sixth years after registering your trademark, you must submit an affidavit certifying that the mark is still being used. Your registration will be revoked if this affidavit is missing.
To type the trademark symbol, press Ctrl+Alt+T. To type the registered trademark symbol, press Ctrl+Alt+R.
The United States Patent and Trademark Office (USPTO) requires that you adhere to certain post-registration and maintenance requirements. As long as they are adhered to, these maintenance requirements will keep your trademark registration alive. In this particular context think of it as a follow-up application providing to the USPTO proof of continued usage of the mark associated with its declared goods or services.
First maintenance, 5-6 years after the trademark registration date.
Second maintenance, 9-10 years after the trademark registration date. Every ten years after the second maintenance.
No. The French trademark system is unique and has some special features and particularities. Not all marks may be eligible to be protected as a French trademark.
Typically, capitalization, font, letter size, etc. are not relevant for a trademark. Only if there is something special about the design, and that special facet is asserted as a part of the mark, will it be considered. Most marks, are simply word marks and the typesetting factors are not involved.
A trademark guards against infringement or reputational harm by another firm to a good or service provided by a corporation. With a trademark, you have the legal right to sue another firm if it utilizes your likeness to promote its own commercial endeavors. Both registered and unregistered trademarks fall under this category. A trademark is essentially any term, phrase, symbol, design, or combination that enables buyers to recognize a certain product.
In order to take advantage of the benefits of being listed on the Amazon Brand Registry, you must have a registered trademark. Amazon requires sellers on the Brand Registry to have registered trademarks to protect consumers and ensure they can buy with confidence knowing that they are buying a genuine product. Enrolling in the Brand Registry provides the customer with a better and more trusted shopping experience on Amazon while protecting your hard-earned brand reputation as well.
Any word, phrase (combination of words), or image can potentially be protected by registering it as a trademark. Some things, such as the name or signature of an individual who is living or who has died in the preceding 30 years are ineligible for trademark registration unless it can be proven that this is already famous as a trademark prior to application in Canada. Trademarks that are either clearly descriptive or deceptively misdescriptive of the associated products and/or services cannot be trademarked.
Names or surnames, words or marks that are obviously descriptive or misleadingly misdescriptive, references to the place of origin of your goods or services, marks that are confusingly similar to those that have already been registered or are in the process of being registered, and marks that are the names of the goods and/or services that the mark is being used with are all prohibited from being registered. There is also a list of “prohibited marks” under the Trademarks Act. The Registrar of Trademarks has designated “any badge, crest, symbol, or mark” that has been adopted and used as an official mark by any public authority in Canada as one of these marks.
The difference between individual and company ownership of a trademark lies in the legal entity that owns and controls the trademark.
Individual ownership of a trademark means that a person, such as an individual entrepreneur or sole proprietor, owns and controls the trademark. In this case, the trademark is registered in the individual’s name, and they have complete control over its use, licensing, and enforcement.
Company ownership of a trademark means that a business entity, such as a corporation, LLC, or partnership, owns and controls the trademark. In this case, the trademark is registered in the name of the company, and the company has the exclusive right to use, license, and enforce the trademark.
One important difference between individual and company ownership of a trademark is the level of liability. When an individual owns a trademark, they are personally liable for any legal issues that arise from its use. However, when a company owns a trademark, the liability is limited to the assets of the company. This means that if the trademark is involved in a legal dispute, the company’s assets are at risk, but the personal assets of the company’s owners or shareholders are not.