Trademarks Overview
GENERAL INFORMATION ON TRADE-MARKS IN CANADA
Although you may not have thought about it, you know a great deal about the importance of trade-marks. You are confronted and influenced by numerous trade-marks every day. Every time you reach for a COKE® soft drink, or choose pink® bats of fibreglass insulation over another similar product which is a different colour, or you stop for lunch at a restaurant displaying the golden arches® symbol, you have recognized the existence of a trade-mark, and have used that mark to identify the source of a particular product or service. A trade-mark helps the purchasing public to make the connection between a particular product, any favourable (or unfavourable) impressions they may have about that product, and the source or supplier of that product. At this point, you probably want to know how you can make a trade-mark work for the benefit of your product or business.
The purpose of this treatment is to answer some common questions, and to clarify a few of the misconceptions surrounding trade-marks. Further, we hope that the information provided will start you off in the right direction toward taking full advantage of trade-marks to maximize the recognizability of your product or service in the marketplace.
If after reading this treatment, you would like further clarification, we will be happy to answer general questions without charge. If the information you require involves providing an opinion on the registrability of your proposed trade-mark, or requires a detailed discussion of your particular fact situation, then it will be necessary for you to arrange an initial consultation with one of our registered trade-mark agents. A flat-rate charge of $CA 150.00 will be levied for an initial one hour consultation, during which time you can obtain further detailed information about the topics covered in this treatment as they relate to your specific situation.
1. WHAT IS A TRADE-MARK?
2. HOW TO ACQUIRE AND PROTECT TRADE-MARK RIGHTS
(a) Trade-marks at Common Law
(b) Trade-marks Under the Trade-marks Act
3. GETTING STARTED
(a) Trade-mark Clearance and Pre-Screening
(a) i. - Searching Registered Trade-marks
(a) ii. - Searching Unregistered Trade-marks
(b) Filing a Trade-mark Application
(c) Prosecution of a Trade-mark Application
(d) Registration of a Trade-mark and Beyond
4. PROTECTION IN OTHER COUNTRIES
5. TIPS AND STRATEGIES TO MAXIMIZE YOUR TRADE-MARK'S EFFECTIVENESS
(a) Choosing a Trade-mark
Name or Surname
Clearly Descriptive or Deceptively Misdescriptive
Name in any language of the Wares or Services
Confusingly Similar to a Trade-mark or Trade Name
Prohibited by Law
(b) Taking Care of Your Trade-Mark
Proper Use of the Trade-mark
Source Identification - House Marks
Trade-mark Notices
Police your Trade-mark
Licensing of your Trade-mark