Do people actually register a trademark for their product names or do you just do a thourough investigation to see if it's being used and hope that by using the name for a while, it becomes a Common Law, unregistered trade-mark?
misc Trademarks
- Thread starter calgaryPepper
- Start date
Own your trademark unless you want to lose it. It really doesn't matter if you use it for a period of time at all. What you may want to do in the mean time is take your name, logo, or whatever you are getting trademarked and mail it to yourself, and do not open the letter. This is a legal time stamp from the post office.
Here goes... Trademarks 101
Both Canada and the US are subject to International Trademark and Copyright laws.
What that means is that the second you put your mark on a product and take it to market, it's a trademark.
When the law kicks in, is when someone else in another jurisdiction happens to have the same mark and you end up battling over which one of you deserves to use it.
AND, that only happens when someone has a legal trademark on file with the Trademarks office. CIPO in Canada and USPTO in the States.
That said... The shove it in an envelope and mail it to yourself method... means nothing if you haven't actually sold the product. It is only when you actually sell that product, that you earn AUTOMATIC common law trademark. Documentation would be required.
Most people don't bother registering their trademarks, it is usually not worth enough to bother. BUT, when you become a big enough company, then it is, so... the key reason for registering your trademark when you begin selling, is so that 2-10 years down the road, you don't have to worry about having wasted all that time marketing something that someone else has the rights to.
When you decide on the name you are going to use, BEFORE you do anything with it, go into your Provincial or State trade name database and search the name you want to use. Go into the Federal databases CIPO (Canada) and USPTO (US) and search the name there. Then, search the internet; also searching for the name already having been registered as a website address.
Note that if you're making hot sauce and you want to call it Peter Pan, just because Peter Pan has a peanut butter doesn't preclude you from using the name.
An example of when trademark becomes important is when you are a company like Nike. Here is one of the World's largest sneaker companies in the World. They came into Canada and discovered a company (not in sporting goods) using the name Nike... They couldn't win a trademark battle with these folks, so Nike simply paid them to change their name. Talk about going to great lengths to copyright and protect their trademark and that is key.
If you aren't willing to go to legal war to protect your name... don't bother doing anything but registering it as your DBA. Because when push comes to shove, you will have to aggressively protect your trademark (and it's not cheap) or you will lose it.
Consider it like a poker game. You may hold all the aces but if you're not willing to bet them, you'll lose the hand.
T
Both Canada and the US are subject to International Trademark and Copyright laws.
What that means is that the second you put your mark on a product and take it to market, it's a trademark.
When the law kicks in, is when someone else in another jurisdiction happens to have the same mark and you end up battling over which one of you deserves to use it.
AND, that only happens when someone has a legal trademark on file with the Trademarks office. CIPO in Canada and USPTO in the States.
That said... The shove it in an envelope and mail it to yourself method... means nothing if you haven't actually sold the product. It is only when you actually sell that product, that you earn AUTOMATIC common law trademark. Documentation would be required.
Most people don't bother registering their trademarks, it is usually not worth enough to bother. BUT, when you become a big enough company, then it is, so... the key reason for registering your trademark when you begin selling, is so that 2-10 years down the road, you don't have to worry about having wasted all that time marketing something that someone else has the rights to.
When you decide on the name you are going to use, BEFORE you do anything with it, go into your Provincial or State trade name database and search the name you want to use. Go into the Federal databases CIPO (Canada) and USPTO (US) and search the name there. Then, search the internet; also searching for the name already having been registered as a website address.
Note that if you're making hot sauce and you want to call it Peter Pan, just because Peter Pan has a peanut butter doesn't preclude you from using the name.
An example of when trademark becomes important is when you are a company like Nike. Here is one of the World's largest sneaker companies in the World. They came into Canada and discovered a company (not in sporting goods) using the name Nike... They couldn't win a trademark battle with these folks, so Nike simply paid them to change their name. Talk about going to great lengths to copyright and protect their trademark and that is key.
If you aren't willing to go to legal war to protect your name... don't bother doing anything but registering it as your DBA. Because when push comes to shove, you will have to aggressively protect your trademark (and it's not cheap) or you will lose it.
Consider it like a poker game. You may hold all the aces but if you're not willing to bet them, you'll lose the hand.
T
Great info Tina... Did you find this info out the hard way? It sounds like you have had some experience with this.
Dan@BLP Labels said:
Yep, the hard way. We're still embroiled in trademark battles. If you want the gory story, Dan, feel free to ask offlist. Call or send me an email. Ultimately, we expect to win, it's just going to take time... AND, I might add, a lot of lawyer's money.
So, as I said, if you're going to battle ownership of that trademark to the death... File it, if you aren't... keep your money in your pocket. There is currently no law that says that you have to trademark your DBA.
Tina Brooks][quote=Dan@BLP Labels said:
Yep, the hard way. We're still embroiled in trademark battles. If you want the gory story, Dan, feel free to ask offlist. Call or send me an email. Ultimately, we expect to win, it's just going to take time... AND, I might add, a lot of lawyer's money.
So, as I said, if you're going to battle ownership of that trademark to the death... File it, if you aren't... keep your money in your pocket. There is currently no law that says that you have to trademark your DBA.[/quote]
Well I hope it all works out for you guys. Good Luck!
Thanks for all the helpfull information!
Best of luck with your legal battles
Best of luck with your legal battles
Dan said:
Oh you know it will.
We're blessed.calgaryPepper said:
You're welcome.
Blessed with the blood of a virgin goat that was slain in preperation for the coming of the almight Father Platypus!!!Tina Brooks said:
Blessed with the blood of a virgin goat that was slain in preperation for the coming of the almight Father Platypus!!!imaguitargod][quote=Tina Brooks said:
[/quote]Oh now, you're not allowed to give away our company secrets... sheesh.
Blessed with the blood of a virgin goat that was slain in preperation for the coming of the almight Father Platypus!!!Tina Brooks][quote=imaguitargod][quote=Tina Brooks said:
[/quote]Oh now, you're not allowed to give away our company secrets... sheesh.[/quote]
Question is..Do you have a copyright on your company secrets???
I do now that I've presented it on this forum.Cap said:Tina Brooks said:imaguitargod said:Blessed with the blood of a virgin goat that was slain in preperation for the coming of the almight Father Platypus!!!Tina Brooks' said:
Oh now, you're not allowed to give away our company secrets... sheesh.
Question is..Do you have a copyright on your company secrets???
I do now that I've presented it on this forum.[/quote]imaguitargod][quote=Cap said:Tina Brooks said:imaguitargod said:Blessed with the blood of a virgin goat that was slain in preperation for the coming of the almight Father Platypus!!!Tina Brooks' said:
Oh now, you're not allowed to give away our company secrets... sheesh.
Question is..Do you have a copyright on your company secrets???
Lookidat... you understand copyright!
Yep, that's a subject I am well versed in(unlike spelling).Tina Brooks said:
Yep, that's a subject I am well versed in(unlike spelling).[/quote]imaguitargod][quote=Tina Brooks said:
Spelling is easy... when in doubt, spell it like it sounds.
T
Yep, that's a subject I am well versed in(unlike spelling).[/quote]Tina Brooks][quote=imaguitargod][quote=Tina Brooks said:
Spelling is easy... when in doubt, spell it like it sounds.
T[/quote]
That's how I usually get it wrong. :roll:
Yep, that's a subject I am well versed in(unlike spelling).[/quote]imaguitargod][quote=Tina Brooks][quote=imaguitargod][quote=Tina Brooks said:
Spelling is easy... when in doubt, spell it like it sounds.
T[/quote]
That's how I usually get it wrong. :roll:[/quote]
The trick is in not caring that you got it wrong.
Yep, that's a subject I am well versed in(unlike spelling).[/quote]Tina Brooks][quote=imaguitargod][quote=Tina Brooks said:
Spelling is easy... when in doubt, spell it like it sounds.
T[/quote]
We call that 'social promotion'.