Trademark:

• Purpose: Trademarks are used to protect symbols, names, or slogans that distinguish and identify goods or services in the marketplace.
• Scope: They safeguard brand identity, preventing others from using similar marks in a way that could cause confusion.
• Protection: Trademarks are renewable and can potentially last indefinitely as long as they are actively used and renewed.
• Examples: Logos (Nike's swoosh), brand names (Coca-Cola), and slogans (McDonald's "I'm Lovin' It").

Copyright:

• Purpose: Copyrights protect original works of authorship, such as literary, artistic, and musical creations.
• Scope: They grant the creator exclusive rights to reproduce, distribute, perform, or display their work for a limited period.
• Protection: Copyrights typically last for the lifetime of the creator plus 70 years in the US and Europe or plus 50 years in Canada, after which the work enters the public domain.
• Examples: Novels, paintings, music compositions, and software code.

Patent:

• Purpose: Patents are granted for new, useful, and non-obvious inventions or discoveries or improvements to existing inventions.
• Scope: They provide exclusive rights to make, use, and sell the patented invention for a specific period (usually 20 years).
• Protection: Patents have a finite duration, after which the invention becomes public domain.
• Examples: Innovative technologies, machinery, pharmaceuticals, and unique processes.

To open in a new tab, click: Do You Need A Patent, Trademark, or Copyright?

Trademark Registration Process

1. Research: Start by checking the official Trademark database for existing trademarks to ensure your mark is unique and available.
2. Identify Goods/Services: Define the products or services your trademark will cover – a critical step for your application.
3. Filing Application: Submit your trademark application to the relevant Trademark Office in your jurisdiction.
4. Examination: Your application will be reviewed to meet legal requirements.
5. Publication: If approved, your application will be published, allowing for potential objections.
6. Opposition Period: During this time, other trademark owners can object to registration of your application.
7. Registration: With no objections or resolved issues, your trademark will be registered.
8. Maintenance: Regularly renew and maintain your trademark to keep it protected.

To open in a new tab, click: What Is The Trademark Registration Process?

1. Exclusive Rights: Trademarks grant you exclusive rights to use a specific name, logo, or symbol in connection with your products or services. This exclusivity prevents competitors from using a similar mark that could confuse your customers.
2. Brand Recognition: Trademarks build brand recognition. Customers often associate your mark with the quality and origin of your products or services. This recognition deters competitors from trying to imitate your brand.
3. Legal Recourse: With a registered trademark, you have a legal basis to take action against competitors who attempt to infringe on your mark. This can include cease and desist letters or lawsuits, which can lead to payment of damages for infringement.
4. Deterrence: The mere presence of a registered trademark can discourage competitors from adopting a similar mark, as they are aware of the legal consequences.
5. Asset Value: Trademarks can increase the overall value of your business. They are considered valuable assets, which can be licensed, franchised, or sold, adding another layer of protection against competitors.

To open in a new tab, click: Did you know that trademarks can protect your brand from competitors?

1. Word Marks:

2. Design Marks:

3. Slogans/Taglines:

4. Product Names:

Service Names:

Character Names:

Color Marks:

Sound Marks:

Motion Marks:

3D Marks:

Hologram Marks:

Position Marks:

Pattern Marks:

Trade Dress:

Domain Names:

Certification Marks:

Collective Marks:

Geographical Indications:

Smell Marks:

To open in a new tab, click: Exploring the Fascinating World of Trademarks: 19 Ways Brands Seal Their Signature Styles

• Trademarks that are descriptive of the products or product quality (for example, TASTY PEARS cannot be registered for fruits)
• Full names and surnames unless they have acquired a secondary meaning (for example, TAYLOR may be registered trademark as it has a secondary meaning but Anderson may be unregistrable since it's only a surname)
• Names of products that you registering, even in a foreign language (for example, you can’t register КРЕМ for creams as КРЕМ means CREAM in English when translated from Russian)
• Places of origin. You can’t register French Candy for candy and chocolate originating from France.
• Trademarks identical to Official government marks (aka Official marks), emblems, flags.
• Obscene and offensive trademarks (for example, CANADIAN AS FUCK is unregistrable whereas FCUK is registrable)
• Portraits and signatures or living or dead individuals
• Trademarks that are too close to another previously filed or registered trademark
• Trademarks that are merely informational (for example, BLACK LIVES MATTER)

To open in a new tab, click: What can’t be registered as a trademark in Canada?

To open in a new tab, click: What is a power of attorney? When do I need to sign a power of attorney?

There are 3 ways how you can proceed:

1. Book an initial phone call with us. Here is the link for the trademark package
2. Ask for a free preliminary trademark search to get an idea of whether your trademark can be registered. This is a basic search but if your mark is unregistrable, we'll be able to tell you. Order your search here.
3. Buy a trademark package right away to start the trademark registration process without further delay. You can see our pricing on this page and can buy directly from our website.

What happens after I buy a trademark package?

1. We'll confirm your order.
2. We'll check if your trademark is registrable. A comprehensive trademark search will be done at this stage. We will provide detailed recommendations on how to increase the chances of achieving registration if your trademark turns out to be problematic.
3. If your trademark is registrable, we'll move forward with the trademark registration process.
4. If your trademark has low chances of achieving registration, you will have 3 options:

• Ask for a full refund;
• Come up with a different name. We will provide detailed instructions for this. Further trademark searches are included in the package and there is no extra cost. We'll keep searching until we find a registrable trademark;
• Proceed with the filing anyway.

The choice is yours. Make the first step now.

To open in a new tab, click: How does the process work with Trademark Angel? What happens after I buy a trademark package?

To open in a new tab, click: Who will file my trademark application?

To open in a new tab, click: What is the fastest way to obtain a trademark for Brand Registry purposes?

To open in a new tab, click: My Amazon account has been suspended. Can you help?

1. deal  with Amazon through their support center (not always effective and can be time-consuming as you often need to do a test buy);
2. legal way through cease and desist letters and often with an attorney representation (can be expensive and not always effective);
3. other ways, when you know somebody in Amazon who can help your case (quick and effective, but you need to have connections).

To open in a new tab, click: Can you help with hijackers on my Amazon listing?

To open in a new tab, click: Which trademark should I File? Word Mark or Logo?

• Company name: Legal name of the company, either registered federally or in a certain state (or province in Canada).

• Business name or doing business as: Name under which you conduct your business.

• Domain name: Name of your address on the Web.

• Trademark: A trademark may be one word, a combination of words, or logos (or even sounds and smells!) used to distinguish/differentiate your products or services from those of other entities.

To open in a new tab, click: What are different types of names? Company name vs business name vs domain name vs trademark?

To open in a new tab, click: Do I need to register a trademark if my business incorporated?

To open in a new tab, click: What is the difference between a UK and EU trademark?

To open in a new tab, click: Can I use my trademark if it isn’t registered?

Trademark Usage Rules - booklet

To open in a new tab, click: How not to invalidate your trademark: proper trademark usage rules

In the US, one cannot trademark a title of a single creative work. If you have a series of books, then this series can be trademarked.

It’s always best to read what the actual law says about it. You can check out this useful article in the USPTO website: "Title of a Single Work" Refusal and How to Overcome This Refusal

As the US Trademark Manual of Examining Procedure says:

"The title, or a portion of a title, of a single creative work must be refused registration under §§1, 2, and 45 of the Trademark Act, 15 U.S.C. §§1051, 1052, and 1127, unless the title has been used on a series of creative works. The title of a single creative work is not registrable on either the Principal or Supplemental Register."

To open in a new tab, click: Can you trademark book titles?

To open in a new tab, click: When I register a trademark for one type of goods or services, do I get exclusive rights to use that trademark for all goods and services?

To open in a new tab, click: Can I allow someone else to use my trademark?

To open in a new tab, click: What are “common law” trademarks?

To open in a new tab, click: What is the difference between State and Federal Trademarks?

To open in a new tab, click: Is it possible to file a trademark application before you have started selling products or services?

To open in a new tab, click: How long are trademarks valid for?

1. Germany is the fastest country and overall champion. It takes 1-3 months, on average to register a trademark in Germany. With accelerated examination, most trademarks register within a month. So this is a clear champion in terms of speed. Sometimes Germany can be a little unpredictable as it can take a month for one trademark and 3 months for another trademark.

2. One of the fast and most predictable in terms of timeline is the United Kingdom, where it takes about 3.5-4 months from filing to registration. Added bonus is low government fees.

3. In the European Union, the registration process is about 6-7 months. Not so bad, but the government fees are very high. If your application is filed using "fast-track" method, then the whole process takes about 3.5-4 months. We always EU applications using "fast-track" so European Union is very comparable to the UK (maybe a little slower).

4. It takes about 4-8 months to register a a trademark in Mexico but it can be somewhat inconsistent in terms of the time (sometimes it takes 4 months and sometimes more than 8 months).

5. You will have to wait for about 7.5-8 months to register a trademark in Australia unless we get an objection. Usually most trademarks register within a year or less.

6.  In China, it takes 9-12 months to register a trademark if there are no complications. However, if there is an objection and we have to appeal, registration will be delayed by 8 months. China is determined to make the overall registration process faster, so it's possible that in 2020 this timeline will be shorter.

7. India is similar to China in terms of timeline. On average it takes 10 months to get a registration certificate if there are no problems during the process.

8. It takes a minimum of 12-14 months to register trademark in the US. If there are office actions (objections from the Trademarks Office), then registration will be delayed. It's not uncommon for a registration to take a year or longer.

9. In Japan, it may take from 10 to 14 months for a trademark to register.

10. In Brazil trademark registration process takes on average 12-18 months. It's a pretty long time.

11. The last place is unfortunately taken by Canada. It takes 36-42 months to finish the registration process. If there are objections the overall registration process takes even more time. It's painfully slo-o-ow. Don't ask us why. We don't know the answer. We feel your pain though. Hopefully, as Canada joined Madrid protocol things will improve. We don't know if and when they will improve. Ever since pandemics began the whole process delayed even more (other countries haven't been affected so badly).

To open in a new tab, click: How long does it take to register a trademark?

To open in a new tab, click: Can I pick somebody else’s registered trademark for use?

To open in a new tab, click: My trademark is descriptive. What should I do?

It depends.

Even if a trademark is expunged, it doesn’t mean it’s no longer in use. If the trademark in question is still used by the owner, then he/she may still have common law rights. That means that when you file your trademark application, once it’s published for opposition purposes, the owner of the expunged registration may oppose registration of your mark on the ground of prior use. And he may win!

If you use your trademark without filing for a trademark, then it’s still possible for the owner of the expunged trademark to sue you, again on the grounds of prior use.

If the expunged mark is no longer in use, then you should be safely provided there are no other confusingly similar marks.

To open in a new tab, click: Can I use a trademark if it has been cancelled, abandoned or expunged?

• Conducting a proper trademark search to determine if your trademark can be registered.

• Increasing your chances of getting your trademark registered by a trademark attorney. A 2013 Wall Street Journal article reports that register trademark applicants represented by a trademark professional are 50% more likely to get through the registration process than those who go it alone. Although this is a US article, I am sure statistics in Canada is similar. https://blogs.wsj.com/law/2013/04/10/when-it-helps-to-have-a-lawyer/

• Saving you time—a trademark professional will monitor all Trademarks Office updates, leaving you time to run your business. A trademark lawyer/agent will also correspond with foreign associates on your behalf if you file in other countries.

• Saving you money— if you file incorrectly, your trademark will be refused and you will have to pay additional fees to re-file. If you have already spent time on your brand, such as website, business cards, stationery, advertising, you will have to re-brand and this will be expensive.

• Giving you invaluable advice when you need it.

• Helping you to sleep soundly at night – a weak trademark will leave you vulnerable to receiving a “cease and desist” letter and to court actions.

To open in a new tab, click: Why should I hire a trademark attorney? Why should I hire a trademark agent? Can I register trademark myself?

To open in a new tab, click: When and how can I use my trademark symbols?

To open in a new tab, click: Trade name vs. trademark

To open in a new tab, click: What are clearly descriptive trademarks?

To open in a new tab, click: What is a trademark?

• clearly descriptive marks, those that describe the character or quality of the goods or services being offered or of their place of origin

• deceptively misdescriptive marks, those that would mislead consumers as to the character or quality of the goods or services being offered or of their place of origin. To be deceptively misdescriptive a mark must first be clearly descriptive and then deceptively describe the products.

• full names and last names of living or recently deceased people and names of famous people.

• the name in any language of any of the goods or services in connection with which the trademark is used

• various governmental symbols and phrases (like national flags, the arms, crests, emblems)

• Scandalous and immoral marks

• Marks that suggest government approval

To open in a new tab, click: What kinds of trademarks aren’t registrable?

To open in a new tab, click: What kinds of trademarks aren’t registrable?

To open in a new tab, click: What does “using a trademark in Canada” mean?

To open in a new tab, click: What does “using a trademark in Canada” mean?

To open in a new tab, click: What is use in commerce (in the US)?

To open in a new tab, click: How do I lose my trademark protection?

To open in a new tab, click: How to select a great trademark for your business?

1. Registration provides the owner with exclusive rights to use the mark in a country of registration for 10 years. Registration is renewable every 10 years in Canada and every 10 years in the US, UK, EU, Germany, Australia and many other countries after that. The owner of an unregistered mark has protection within a confined geographic area where he enjoys an established reputation and goodwill.
2. A registered trademark is a valuable asset to your company and can be sold or licensed. It also increases the value of a company.
3. A registered mark will create a presumption that the trademark is distinctive, valid and owned by the registered owner. If there is ever a dispute about the mark, the burden of proof will lie on the party challenging the registered mark.
4. Your trademark may become incontestable 5 years after the registration the trademark. This will help to eliminate most arguments that the owner does not have the exclusive rights to the trademark.
5. A Canadian trademark registration allows for registration of a corresponding .ca domain name (fulfills "Canadian Presence requirements") for non-Canadian brand owners.
6. Trademark registration provides a ground for an opposition in case you need to challenge your competitor’s trademark.
7. Your registered trademark serves as public notice that its owner has exclusive right to use the mark in Canada (or the US). Trademark registration often deters others from using a mark that is the same or similar.
8. A registered trademark facilitates lawsuit as suing for infringement is generally easier than suing for passing off.
9. Trademark registration can be used as a basis for obtaining registration in other countries.
10. Registration may be filed with the Customs Service to prevent importation of trademark infringing foreign goods.
11. If you are an Amazon seller, a trademark registration will enable you to get into the Amazon Brand Registry (check out our article about that)

To open in a new tab, click: What are the benefits of registering a trademark?

To open in a new tab, click: What should I protect?

To start, we recommend registering your trademark in the country where you sell your products and offer your services. If you are an e-commerce company, we suggest registering in the country with which you do the most business. If you are a Canadian company, we highly recommend starting with the Canadian application and if you are a US business, filing in the US first will probably be the best choice.

We can file your trademarks for you in Canada, US, and the European Union and will use foreign associates for other countries. As we have a good working relationship with them, we will be able to pass the discount to you.

Limited budget? Start with filing your trademark in your country of origin, and then file in other countries of interest within 6 months of the first application using conventional priority. What does it mean - if you are a US business, file in the US first and then in other countries within 6 months from the filing date.

Lastly, if your budget only allows filing a single application, we recommend filing trademark in your country of origin.

To open in a new tab, click: Where should I register?