One of the highest priorities of small businesses is the issue of intellectual property. A developing business the owner should learn about trademarks registration or intellectual property (counting things like trademarks, copyrights, and patents) is the thing that differentiates continued long-term expansion from new struggling plateaus in growth that could have been prevented.
In case you’re not familiar with the intellectual property, you can read through the frequently asked questions below.
1) What Are Trademark Rights?
The official registration of a trademark is a meaningful way to increase and expand trademark rights, but the record isn’t always a necessity. Trademark rights are kept up through the consistent use of the trademark itself for your products and services.
2) Help Me Differentiate Between Copyrights, Trademarks, and Patents
That is a joint inquiry, and fortunately, it has a basic answer! Copyright protects creative pieces such as literature, music, songs, or visual art. Patents protect new processes, inventions or even improvements to design. Finally, a trademark protects a product or service name, a company logo, or a tagline (slogan).
3) Can I Register a Trademark for Every Product and Service that My Business Offers?
You’re able to obtain registration for any specific goods and services that are integral to your business (and that are listed in your application!).
However, it is important to note that the more products you need to cover, the more you’ll pay in application filing fees.
4) Why Do I Need My Trademarks registration?
Even though you may have the name of your brand or business on an open site or storefront does not imply that it is completely secured by trademark law. To get full protection, you’ll have to register your trademark with the Canadian Trademarks Registration Office or United States Patent and Trademark Office (USPTO) or the Trademarks Office in your jurisdiction. Having a registered trademark will make less complicated and less expensive to enforce trademark rights, go after any infringers, and take them to court for the unauthorized use of your trademark.
5) My Business Name is Incorporated; Do I Still Need a Trademark?
The unfortunate thing is that registering a corporate name does not create any trademark rights, nor does it establish any government endorsement for you to use the name as a trademark.
6) Do I Still Need a Trademark Since I have a Domain name?
Except if you are making use of the domain name as a source indicator on your site, just registering a domain name does not in itself amount to trademark rights. For example, if we start using www.magtrademarks.com on our website and our invoices as a trademark/brand name, then there will be trademark rights in this domain name.
7) What Happens if I Stop Using My Trademark?
In numerous jurisdictions, including Canada and the US, trademark rights are kept up through the consistent use of the trademark. It means if a company stops using or abandons its trademark or discontinues selling products under its trademark, a court may find that it has left its rights. At that point, other users would be allowed to register and make use of the mark as their own. As a matter of fact, in the US, you should file necessary post-registration documents to demonstrate that the goods and services listed in your registration have remained in use.
8) Can I File a Trademark Application to Preserve a Name or Motto? Can I Protect my Company Brand?
If you do not have the intention of using your trademark, you cannot to register it and may not be able to keep it as your own. It just wouldn’t work if you aim to “keep people away from it,” or you just want to “make it your own.”
Regardless of whether you want to secure your company brand, you will always need to make a list of the particular products for your trademark. Irrespective of the kind of trademark it is, it still has to be filed for specific products. You can’t register a trademark without an explicit list of the products and services that you sell or that you intend to trade under this name.
Please note that while Canada is getting rid of “use” requirement in June of 2019, brand owners may be susceptible to the cancellation of their trademark if it’s not been put in to use within three years of registration.
9) Are Trademarks Territorial?
Every country has its own trademark office. You’ll need to register your trademark with the trademark office in a land where you need trademark protection. Registering your trademark in the United States does not automatically imply that your trademark will enjoy protection in Canada. If you intend to sell in Europe, it will be a good idea to register a trademark with the EUIPO (European Union Intellectual Property Office) that will give you protection in all 28 countries members of the EU.
10) Should I File my Trademark on My Own?
It is not impossible to file your trademark yourself, but it is hardly advisable. Most times, a trademark professional will ensure that all the necessary steps are taken care of, which will help minimize costly registration mistakes and possibly speed up the registration process.
11) There is This Name I Love, and It Even Describes My Product So Well!
It is always important to remember that you stand a higher chance of having difficulty in registering your new trademark if your trademark is too descriptive of the products, its functions, or qualities. Picking a name that is not just descriptive is always better when registering your trademark.
12) So When Can I Use Trademark Symbols?
Your use of trademark symbols depends on your location. There are no restrictions or prerequisites that keep you from using the trademark symbol in Canada. If you have the ownership of the said trademarks, it is always a smart thing to use them. It is a different case in the US; the use of the ® symbol with a trademark is not allowed until it has not only been filed but also registered.
13) Registering your Trademark is Very Important for an Amazon Seller
It is essential that you express your trademark if you are an Amazon seller. That will give you access to Amazon Brand Registry 2 to have full access and control over your products and services.
When it comes to trademark registration, protecting your trademark and intellectual property, there is a great deal of information to take in.
If you have any questions that have not been addressed in this article, please feel free to contact us, and we will be glad to be of assistance to you.