A Guide to Trade-marks: Introduction

• Your identity in the marketplace
• Purpose of this guide
• The Trade-marks Office
• Visit CIPO's Web site

Your identity in the marketplace

Success in the business world depends largely on the message you convey and the image you project. This was the case 50 years ago and is even more true in the competitive global marketplace of today. You may have an excellent product or service to offer, but if people can't pick you out easily in the crowd, you'll probably be overlooked in favour of a firm with a stronger presence.

It's no coincidence that certain brand names that dominated the North American market in the 1920s still are leaders today. The public gravitates towards familiar names and symbols that have become associated with quality and reliability. That's why companies spend millions of dollars nurturing their corporate images. They may research, design, market and protect a name, logo or package design as much as the physical product itself.

A key way of protecting your corporate identity is through a registered trade-mark. Registration of your trade-mark is legal title to intellectual property in much the same way as a deed is title to a piece of real estate. It verifies the exclusive right you have established through use of a word, symbol, style or combination of these (a more complete definition follows under the heading What is a trade-mark? in the Basics section). Whether you are just starting out on a business venture or have been in the field for a long time, it pays to know about trade-marks. It's part of working strategically in a fast-paced world.

Purpose of this guide

In this booklet we will look at what trade-marks are, how they can benefit you and how to register one. With a basic knowledge of the trade-mark concept and process, you can take steps to protect your intellectual property and avoid infringing the rights of others. This may help you steer clear of costly and time-consuming legal battles.

Keep in mind that this booklet offers general information only and does not cover all the complex issues that may arise through the registration process. This guide is not a substitute for an experienced trade-mark agent, nor does it provide authoritative definitions and explanations, for which the reader is referred to the Trade-marks Act, the Trade-marks Regulations (1996) and decisions of the Trade-marks Opposition Board and the courts. However, even if you are hiring a trade-mark agent, this guide can help you become a well-informed client.

Consult the Act, the Trade-marks Office or a trade-mark agent for more detailed information.

The Trade-marks Office

The federal agency responsible for registering trade-marks in Canada is the Trade-marks Office, directed by the Registrar of Trade-marks.

The Trade-marks Office is part of a larger agency called the Canadian Intellectual Property Office (CIPO), which is part of Industry Canada. CIPO is responsible for other forms of intellectual property as well, namely patents, copyrights, industrial designs and integrated circuit topographies.

The main functions of the Trade-marks Office are to:

• receive and examine applications for trade-mark registration and grant registrations to qualifying applicants;
• record and index trade-marks;
• approve and record assignments of trade-marks;
• maintain an electronic inventory of trade-mark registrations and pending marks and a search room of these records for public use;
• provide general information to the public about the trade-mark registration process;
• publish the Trade-marks Journal; and
• maintain a list of trade-mark agents.

Visit CIPO's Web site

CIPO's Web site includes useful information about its product lines, services and legislative changes. The five intellectual property guides are available, as are interactive tools that explain intellectual property in an enjoyable way. You may visit our Web site.

Find out more on how to fill and submit your trade-mark application on-line. (See the Application heading in the Trade-mark Registration Process section for more details.)

A Guide to Trade-marks
| Table of Contents | Introduction | Making sure your Trade-mark can be Registered | The Trade-mark Registration Process | Other Procedures | For More Information | Fees | Appendix A - Twenty Common Questions About Trade-marks | Appendix B - Format of the Application | Appendix C - Your Trade-mark Application | Glossary |