How do you trademark? You trademark a word, picture, sound or a slogan by using it as a trademark and filing a trademark application with the intellectual property office in each country that you want trademark protection in. In Canada, trademark applications are filed with CIPO, the Canadian Intellectual Property Office.
A trademark application needs to list:
- The trademark owner’s name, address and phone number;
- A representative’s name, address, and phone number;
- The trademark;
- Claims for use of the trademark, listing various goods and services, and either the dates of first actual use in connection with each good and service or a statement of proposed use;
- A statement of entitlement to the trademark; and
- The filing fee, which is currently $250 in Canada.
The trademark owner named needs to be an individual or a legal entity, such as a corporation, that will control usage of the trademark and the ultimate owner of the trademark. A holding company
Common Mistakes in Naming a Trademark Owner
- Listing a holding company as the trademark owner is just wrong.
- Listing the president of a corporation, if the corporation has already been using the trademark.
- Failing to list predecessors-in-title to the trademark’s ownership.