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.