|
|
What's in a Name?
|
Rank | Brand | 2005 Brand Value (US$Millions) |
1 | COCA-COLA | 67 525 |
2 | MICROSOFT | 59 941 |
3 | IBM | 53 376 |
4 | GE | 46 996 |
5 | INTEL | 35 588 |
6 | NOKIA | 26 452 |
7 | DISNEY | 26 441 |
8 | McDONALD'S | 26 014 |
9 | TOYOTA | 24 837 |
10 | MARLBORO | 21 189 |
Data: Business Week/Interbrand, Best Global Brands Study 20053
KLEENEX, HEINZ, BELL CANADA AND BOMBARDIER
These are recognized trade-marks that you would never think of using for your
products or services because you would be infringing on them. There are, however,
many other registered trade-marks you probably aren't aware of. In 2004-2005, CIPO registered approximately 29 000
trade-marks.
The first step is to search the Canadian Trade-marks Database, available free of charge, on CIPO's website to:
A company name, provincial corporate name or federal corporate name is the legal name of the company/corporation.
A business or trade name is the name under which the business operates and carries on business. A business may use its company/corporate name or a portion thereof as its business name. Alternately, a company/corporation may decide to use a separate business name.
A trade-mark is a word, symbol or design, or combination of these, used to distinguish the wares or services of one person or organization from those of others in the marketplace. Only registration of a trade-mark gives its owner exclusive rights of use throughout Canada under the Trade-marks Act — it is a legal title to protect your intellectual property.
You own an ice cream business and your company is called ABC Ltd.:
Example 1: People know your ice cream under the name ABC Ltd., because you use it as a trade-mark on or in association with your ice cream. You can, therefore, apply to register ABC Ltd. as a trade-mark.
Example 2: People know your ice cream under the word you have promoted, for example, "Northpole." Even though the official name of your company is ABC Ltd., no one associates this name with your ice cream. Therefore, ABC Ltd. cannot be considered a trade-mark unless you begin to use it as one. You may, however, apply to register "Northpole" as a trade-mark.
Others may be tempted to copy or imitate the marks of successful competitors. Outsmart them and protect yourself: register your trade-mark! A registered mark can be a reassuring title of ownership in the event of a legal dispute. Even if your products or services are not yet on the market, you may file now based on an intention to use.
Franchisees may pay large sums of money for the rights to use a name, a concept, or recipes — commonly referred to as "know how." Companies may buy other companies for their know-how, reputation, and name. "Big-name brands are in demand, and companies are willing to pay huge amounts for the instant recognition and market access they afford. [...] As the costs go up, so does the importance of protecting brand identity."4 Intellectual property can be a highly-valued asset for sale or purchase. In order for you to profit by selling your intellectual property, we recommend that you register it to prove that you are the owner. CIPO charges a modest fee for registering a trade-mark. This gives you exclusive rights to use the mark across Canada for 15 years and can be renewed every 15 years thereafter upon payment of a renewal fee.
Search the Canadian Trade-marks Database, available free of charge to:
Familiarize yourself with the content of the database or search more efficiently by consulting the Trade-marks Database Tutorial.
If someone registers a trade-mark that is the same as the unregistered one you are using, you could end up in court wasting time, energy and money on legal disputes instead of doing business.
If you plan to export your wares or services one day, make sure that the mark you plan to use is not already registered in the countries in which you plan to do business. In order to use this same mark in all markets, you must obtain protection in each of these countries.
Need more details? Visit our website or contact us. You may also wish to discuss with your own legal and business advisors as to the advantages of registering a trade-mark.
Visit our website to:
Last Modified: 2007-04-05 | Important Notices |