Include your email address to get a message when this question is answered. Read about how to register trademarks outside of Canada later in this Guide.

All paper correspondence should be addressed to: Office of the Registrar of Trademarks 50 Victoria Street, Room C114 Find out what you need to do to trademark your new business name. See our, Madrid Protocol & international protection, Checking application status & viewing documents, Checking registration status & viewing documents, Enforcing your trademark rights/trademark litigation, International intergovernmental organizations, Transferring ownership / Assignments help, trademark application and post-registration timelines. Make sure someone else hasn't already registered the mark your category by checking the Trademark Electronic Search System database. To help you with this, the Goods and Services Manual list acceptable wording for many goods and services. Technically, trademark protection is based on first use of a name – regardless of application status. You application will need to specify what is known as your filing basis. If the pre-publication search does not show any new confusing trademarks, we will advertise the application in the Trademarks Journal published on our website every Wednesday. You then have a chance to respond. Trade names are often used as trademarks - even if they are not registered. You do not have to do this, but it will help you know whether similar trademarks exist. You can use the ‘Right Start’ service if you want to check your application meets the rules for registration. By using our site, you agree to our. At this point, you can legally use the trademarked name. The easiest names to trademark are made-up, or “coined,” names such as “Xerox.” Arbitrary names that use an existing word to identify an unrelated product or service, such as “Apple” for computers, also receive strong trademark protection.

If you wish to market goods or services in other countries, you should think about getting trademark registration(s) there as well. Alternatively, if you wish to read the information (instead of watch a video), you may download the Basic Facts About Trademarks booklet that covers the same material.

We use this representation to file the mark in the USPTO search records and to print the mark in the Official Gazette (OG) and on the registration certificate. cannabis, drug paraphernalia, ivory, whalebone) and activities (e.g. You can register any trademark that does not contravene the Trademarks Act. Any mark that is very similar to your company name that also represents a similar product or service to your company should be noted. You can file the trademark application yourself, but you must pay the applicable USPTO trademark filing fee, which ranges from $225 to $400. Thanks to all authors for creating a page that has been read 143,114 times. Note: A trademark registration may be cancelled if someone else in Canada has made use of a similar trade name or trademark in the past. You’ll then get a report telling you if your application meets the rules.

It will go into an examining attorney’s queue, who will conduct their own review of all registered trademarks, once again ensuring that your mark isn’t already in use. An important consideration is the depiction of your mark. You should search the USPTO database before filing your application, to determine whether anyone already claims trademark rights in a particular mark through a federal registration. Is your trademark federally registrable?

A trade mark protects a particular type of intellectual property (IP). Note: If you wish to keep your trademark registered, you must register your trademark the way you will use it.
Why? Use these steps to secure a trademark for your business name. Patent and Trademark Resource Center (PTRC)

Innovation, Science and Economic Development Canada. Use our tutorial to make the most of your search. This helps prevent the registration of trademarks that may be misread as quality marks. A trademark is a brand name. United States Patent and Trademark Office - An Agency of the Department of Commerce. You can change your cookie settings at any time. While Gerben Law typically does not [...], Jimmy Butler has filed three new trademark applications for the coffee business he started in the NBA Bubble.

So, in the case of a business name, generally, a trademark is what you need to obtain. Learn how to register a trade mark for your business. This is where you or a trademark attorney will conduct a search of all existing registered trademarks in the U.S., to ensure that you yourself aren’t infringing on another already-established trademark.

We recommend that you use a registered trademarks agent to help you through it. In other words, you must not change it in any way, including changing the colour as you described it in your application. For example, the words "sweet" for ice cream, "juicy" for apples, and "perfectly clean" for dry-cleaner services could not be registered as trademarks.

Business name: Name under which you conduct your business. Why am I seeing so many different prices for trademarking?

A trademark registration can be expunged for several reasons, including:  the trademark losing its distinctiveness, abandonment of the trademark, and non-use of the trademark.
Note the type of product or service that any similar marks are used to represent. Every application must include a clear representation of the mark you want to register. The representation may contain more than one view of the trademark if multiple views are necessary for the trademark to be clearly defined. A trademark can protect your name and logo in case someone else wants to use them for their own purposes.Also, you cannot really copyright a name, since copyright protects artistic works. Please review the additional information on checking status to ensure you understand this important step in the overall registration process. But ideally, you’ll choose a completely unique name for your industry or sector, and you’ll be ready to move on to the next step: application submission. Information you submit will become public record and will permanently remain. Ltd," no one thinks of that name when they think of what you sell. It gives guidelines on how to select the right mark—one that is both federally registrable and legally protectable. Trademarking a name isn't that hard, so check out the steps below to find out how to do it. Before you submit your application, and while it’s still pending, you can signify that a trademark belongs to you by using the little capital “TM” letters after your name (or “SM,” for “service mark,” if you offer a service). advice we can get. We use cookies to collect information about how you use GOV.UK. If a trademark enters the common vernacular as a generic term, the owner can lose the rights to the term. Applications for trademarks used on regulated products (e.g. For example, using the photo of an existing rock group to promote your record store is not allowed unless you have their permission. Generate 100's of unique and creative business names. A series application for three or more marks costs an additional £50 per mark. In that case, the name "A.B.C. A trademark agent will make sure that your application is properly written so that your trademark will be protected. Ltd." as a trademark. Be sure to use the "circle-R" mark ® on your trademark, but only when used in association with the goods or services included in your registration. The name of your company is "North Pole." All Rights Reserved. The Registrar will send you a notice with information about your payment deadline. Gatineau QC K1A 0C9. Canadian Intellectual Property Office For more detailed information, see the Trademarks Act. Read the guide to new applications before you start if you’ve not applied before.

It also gives guidelines for how to identify goods and services not listed. wikiHow is a “wiki,” similar to Wikipedia, which means that many of our articles are co-written by multiple authors.