How Do You Trademark

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:

  1. The trademark owner’s name, address and phone number;
  2. A representative’s name, address, and phone number;
  3. The trademark;
  4. 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;
  5. A statement of entitlement to the trademark; and
  6. The filing fee, which is currently $250 in Canada.

Trademark Owner

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.
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David Michaels, J.D., B.Eng., CHRM is a legal blogger (and a trained attorney) who holds certificates in Canadian Trademark Law (2012) and Canadian Patent Law (1996) from McGill University. He has worked in the area of trademark law in Canada since 1995 and in the USA since 1993. David is a brand consultant, a writer, an eCommerce entrepreneur, and an aeronautical engineer. http://ca.linkedin.com/in/davidtmichaels/ Warning & Disclaimer: The pages, articles and comments on trademarkpro.ca do not constitute legal advice, nor do they create any attorney-client relationship. The articles published express the author's notes of the current state of trademark law and should not be attributed as opinions of the author, his employer, clients or the sponsors of trademarkpro.ca. The author does not warrant that these notes are up-to-date. Trademark law is constantly changing and it varies between jurisdictions and even within jurisdictions. This website should not be relied upon.

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