subject: Trademark, Trade Mark Or Trade-mark? [print this page] According to Wikipedia (online encyclopedia/dictionary), A trademark, trade mark, or trade-mark[1] is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify for consumers that the products or services on or with which the trade-mark appears originate from a unique source, designated for a specific market,[2] and to distinguish its products or services from those of other entities. All 3 forms of spelling are commonly accepted.
Consequently, since a trademark is a word, design, number, two-dimensional or three-dimensional form, sound or color, or a combination of two or more of these elements associated with a particular product or service, it would only serve to benefit the owner of that product, service or entity to have a set of distinct and characterizing features exclusively associated with it.
That distinction allows the end consumer or the audience at large to distinguish it from its competition, especially where there are similar offerings. It helps you carve out and keep your identify in the marketplace. Ownership of the original, distinct and unique characteristics of your product can be one of the significant keys to the longevity of your successful product in the marketplace; hence you should register your trade-mark. In the alternative, you could simply carry on with business as usual and hope that others admiring your success from the sidelines dont set up shop, hang their sign, open their doors and proceed to mooch off of your established success, utilizing your trademark without your permission after all, your permission wouldnt be necessary if you have not yet filed a trademark.
Examples of popular Trademarks are:
1.BBM for Black Berry Messenger
2.McDonalds
3.Wal-Mart
4.NHL for the National Hockey League
5.BMW for the world wide known luxury vehicle
Interesting Fact: BMW is an acronym for Bayerische Motoren Werke AG, or in English, Bavarian Motor Works!
In Canada there are specific steps to laying claim to your trademark. This is an exercise know as registering your trademark. You should first do a search of the trademark database to see if the trademark you want to use is available to be registered and is not in use somewhere else. An Opara Law PC Trademark Agent can assist you in doing the search to obtain the best results for you. This search will produce valuable information regarding whether the trademark has ever been used in association with any products or services, the purpose for which the trademark may have been used previously, (which may or may not be an association you would want), disclosure of other people who may also be attempting to secure the same or similar trademark rights, and disclosure of any potential confusing trademarks existing with a similar purpose or range of activities.
This search would be conducted by contacting the Canadian Intellectual Property Office (CIPO). Their website is cipo.ic.gc.ca. Pending favourable results of your search of the trademark database, you will move on to the next step of registering your trademark. To register your trademark, you or a trademark agent must file an application with CIPO. A Trademark Agent at Opara Law PC would be happy to assist you in registering your trademark. Registering your trademark provides prima facie evidence of ownership. If a dispute arises about the ownership of the trademark, the registered owner does not have to prove ownership; the onus is on the challenger who is disputing the registration. Trademark registration is valid for 15 years at which time you may renew it.
A trademark may be designated by the following symbols:
1. (for an unregistered trade-mark, that is, a mark used to promote or brand goods)
2. (for an unregistered service mark, that is, a mark used to promote or brand services)
3. (for a registered trademark)
Please call us for fees for an application to register your trademark. Apart from the trademarks office fees, there are further fees to complete the process to the issuance stage. From the time of the filing of the application to the time of issuance, it may be approximately 1 year. You may use or continue to use your trademark after the application is filed, before the certificate has been issued.
For professional assistance with the process of registering your trademark through the various stages, please contact the law office of Opara Law PC and a competent trademark agent will be happy to assist you with this important task. To find more about Opara Law PC and know about the best Attorneys in Ontario, visit http://www.torontobarristers.com.
