What is a distinctive trademark? Trademark distinctiveness and why it matters

Trademark Distinctiveness Article 1 In June of 2019, The Canadian Intellectual Property Office (CIPO) has implemented some changes to its examination procedure for trademark registration. One of these changes is the addition of an examination for distinctiveness. Previously, applications for trademark registration were not subject to any examination for distinctiveness. Issues regarding a mark's distinctiveness [...]

By |2019-08-06T11:28:33+00:00July 22nd, 2019|Trademark|0 Comments

Differences Between Trademark and Copyright

A common question asked by business owners, authors, and creative individuals is whether they need a copyright or a trademark to protect their work. This is because many aren't aware of the differences between trademarks and copyright and which one is appropriate for what they want to protect. But, the intellectual property rights you have [...]

By |2019-06-10T00:41:33+00:00June 14th, 2019|Copyright, Trademark|0 Comments

Cracking down trademark squatters under amended trademark law in China

On April 23, 2019, the National People’s Congress of China has approved to amend the Trademark Law, 1982. The amendment involves 6 articles, and will be implemented from November 1, 2019. The amendment modified the Article 4 of Trademark Law which provides a clear guidance for foreign brands to crack down bad faith trademark squatters. [...]

By |2019-06-06T03:28:33+00:00June 6th, 2019|Trademark|0 Comments

Trademarks: First-to-use and First-to-file Countries

Trademarks are the face of your company or business to the marketplace. If you are in business, your company almost certainly has a trademark or trade name that you use on your products or in association with your services. Almost anything can be a trademark––words such as Exxon, Pepsi, or Kodak, acronyms like NBC and [...]

By |2019-06-06T03:25:10+00:00May 5th, 2019|Trademark|0 Comments

What is the USPTO Post Registration Proof of Use Audit Program?

In contrast to some other jurisdictions, trademark rights in the United States are based on use in commerce. In order to register a trademark in the United States, you must demonstrate that you are actually using the trademark in commerce when conducting business or in relation to each of the products or services identified in [...]

By |2019-06-06T03:32:22+00:00March 18th, 2019|Trademark|1 Comment

Using your trademark correctly as filed – How to avoid office action refusal from the USPTO

Using your trademark correctly as filed – how to avoid refusal from the USPTO “Mark Differs on Drawing and Specimen” It is important to note that the trademark must be used exactly as filed. It means that the trademark (called “drawing” by the USPTO) must be substantially the exact representation of the mark as intended [...]

By |2019-04-10T21:57:38+00:00March 4th, 2019|Trademark|0 Comments

Trade Secrets, Confidential Information, and Know-how: What Are The Differences?

The world is growing increasingly more accessible every day. Ideas can be shared with millions in an instant via the internet and more information is being published than ever before. In this increasingly complicated, competitive, and connected world, some information is best protected by keeping it secret rather than by traditional intellectual property rights. Trademarks, [...]

By |2019-06-06T03:31:12+00:00January 31st, 2019|Trademark|0 Comments

What is Section 8 trademark declaration of use? When do I file Section 8 affidavit of use?

Congratulations, your trademark has been registered! Now, what? You only have to renew it every ten years, right? Actually, there’s a bit more work to be done. After a mark is successfully registered, you, the owner of the mark, must prove that your mark has been used in commerce for a continuous period of five [...]

By |2019-06-06T03:26:37+00:00December 11th, 2018|Trademark|0 Comments

What should a foreign business know about filing a trademark in China?

This is the 3rd article in our series of 3 articles about Chinese trademarks. Read our 1st article here and our 2nd article here. General information about trademark application in China   “First-to-File” System: Whoever files a trademark application first, gets the eventual registration. No evidence of use is required to get a registration. Member of Paris [...]