trademark basics

How Are Trademarks Different from Industrial Designs (a.k.a. Design Patents)?

NARRATOR: Marilyn designed a shoe that's going to revolutionize the fashion industry. MARILYN: Yeah, I came up with this idea that if you place this rubber lizard along the insole, shoes become extremely comfortable, and no matter how hot it is, your feet don't sweat. MARILYN: I bet there's gotta...

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Trademark Registration Process in Canada

NARRATOR: Mike is an app developer. He just created a cool app for iPhone. He decided to trademark its name. MIKE: Doesn't seem too complicated, you just file an application, and it gets registered, right? TRADEMARK FACTORY: Some people think that trademark registration is super simple. This is not so....

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10 Things You Must Know Before Applying For A Trademark

10 Things to Know Before You Apply for a Trademark#1 It's going to take a long time. #2 Trademarks are registered on a per-country basis. #3 You must start with a proper trademark search. #4 Trademarks only cover the goods and services listed in your application. #5 Be prepared...

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Are Dead Trademarks a Problem?

Are Dead Trademarks a Problem?Many people often ask me, “Are dead trademarks a problem?” And the answer to this question is most likely no. Nine out of ten times, dead trademarks present no issue whatsoever for people or brands registering for new trademarks. What Is a Dead Trademark?A...

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Does My Trademark Need to Match My Company Name?

THINKING OF TRADEMARKING YOUR BRAND?Here's another commonly asked question: "Does my trademark need to match my company name?" or "Do I have to have a company name that's the same as my trademark?" People tend to believe that they must establish ownership of a company or an LLC before...

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Do I Need an Agreement with My Logo Designer?

Who Owns the Copyright?Just because you pay someone to create something for you, to paint an image, or design your logo doesn’t mean you own the copyright or other intellectual property in that image. The creator of any material or image automatically receives copyright protection for their work...

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How Are Service Marks Different From Trademarks?

Set the Stage Andrei!Initially, when the first trademark laws were being adopted, you could only trademark brands that covered physical products. You couldn't trademark brands to cover services. Then, at some point, they figured out that, hey, the brand is equally important to companies that offer services, they should...

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How Do I Cancel Someone Else's Trademarks?

Trademark Cancellation Trademark Cancellation Proceedings in the US and Canada allow you to request the trademark office inquire whether that trademark owner is still using the trademark. If they cannot prove continued use, the trademark office will remove that mark from the register in a process known as “clearing the...

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How Do I Trademark Product Names?

THINKING OF TRADEMARKING YOUR BRAND? There are a few things you can trademark: product names, service names, taglines, logos, and a few other things. But product names were the original reason for trademarking. When someone had a product that was legitimate and physical, there was often a brand name attached...

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