Lesson 1: Trade-marks in Business
To effectively use the Trade-marks Database in business, it is important
to understand how to use it to help your business. In this section you will learn about:
Selecting Trade-marks
Protecting Trade-marks
Making Strategic Business Decisions
Most likely you have an idea in mind for a name
or symbol you would like to register as a trade-mark.
Before going through the application process, be sure that the selected
name or symbol can be a trade-mark
and is available. Doing this early on can help avoid unnecessary
conflicts with other businesses as well as potential legal expenses.
There are two steps in this process.
1. Find out if your trade-mark is registrable
The first step is to learn what types of trade-marks
can be registered. You can find a listing of the types of marks
that do not ordinarily qualify as trade-marks
in the Guide
to Trade-marks: Making sure your Trade-mark can be registered.
2. Find out if it is available
If your name or symbol qualifies for registration, you will need to
determine whether it is already used by another business. If it is, you
may not be able to use it for your business. If the
name or symbol you are considering is very similar to an existing
mark, you may not be able to register it either.
Registration of a trade-mark provides the owner
with the exclusive right to use in Canada the trade-mark in association
with its wares (goods) and services. Occasionally, a trade-mark
may be used inadvertently and without authorization. The Trade-marks
Database can help prevent accidental infringement before it
takes place and assist in settling a trade-mark
dispute.
Proof of Ownership
If you believe that another business is using your trade-mark, you can use
the Trade-marks Database to prove that you own the trade-mark. You will need
to search the database and present your registration information to the
other business. Or, you can present your Registration Certificate. Keep in
mind that it is always best to retain legal counsel in such situations.
Preventing Infringement
All active and inactive trade-marks are available for public viewing on the database.
Using the database will help reduce risks of trade-mark infringement.
Understanding how to use the search options of the trade-marks database
can help you recognize trends, locate potential partners, develop your
branding and make strategic business decisions based on trade-marks data.
Recognize Trends
Find out who your competition is, what they are doing and develop
a comparative analysis of products or services.
Locate Partners
Reviewing businesses in your own industry or related businesses
may identify potential partners. Use the trade-mark
records to contact them and explore possibilities of working
together.
Develop Branding
When developing your branding strategy, review the symbols and names that have
already been registered in your industry. You will then be able to develop your branding by
differentiating your business or by following established industry trends.
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