7 BENEFITS OF TRADEMARK REGISTRATION
Welcome back, Andrei Mincov here with Trademark Factory. In this video you will learn about 7 benefits of trademark registration
First of all, a registered trademark protects your brand everywhere in Canada. Unregistered trademarks provide some limited protection to your brand, but this protection only covers geographical areas where you can prove that your brand is known to enough customers. A registered trademark protects you in the most remote locations in Canada where nobody has ever heard about your brand.
In Canada and the U.S., your unregistered trademarks are only protected if they are well known to consumers. By definition, this means that such protection is only available to brands that have already been made public. However, you can apply to register a trademark before you start offering products or services under that brand to the public. This is called registration on the “proposed use” basis in Canada and registration on the “intent to use” basis in the States. Once you have filed the application, the Trademark Office will not allow anyone else to register a subsequent identical or a confusingly similar trademark. If you know that your new brand will generate some buzz, apply to register it as a trademark before you share it with the world.
A registered trademark is presumed valid. Certificate of registration is evidence of your ownership of the mark. Often, showing the certificate to the judge is sufficient to establish rights to the trademark. Now it’s up to the other side to prove that you don’t own it. In case of unregistered trademarks, you have the burden of proving that your name, logo, or tagline are actually trademarks, and that you own them.
A registered trademark is a valuable asset. A good example of why you should register your trademark can be seen in the HELLO KITTY trademark.
This example is based on my personal experience as the father of two sweet daughters. You can’t imagine how many times I have been asked, begged, and harassed to buy them various stuff bearing the image of the famouscat . Some of it has even made its way to our home—pens, skirts, stickers, t-shirts, toys, and other stuff.
Do you think the company that owns the brand actually manufactures and distributes all of this stuff? Nope, all they do is simply get paid for licensing out their trademark to whoever wants to use it on their products.
The owners of the HELLO KITTY trademark can charge substantial licensing fees because their brand is so popular. To give you an idea just how popular—think about it: in 2010 it made over $5,000,000,000.00 (yes, 5 with a B).
A trademark registration provides free and automatic protection for your brand. No one can register a trademark that is the same or confusingly similar to your registered trademark. You don’t need to do anything because the Trademark Office will filter out all similar trademark applications that are filed after your trademark has been registered. In addition to refusing all trademark applications that are confusingly similar with a registered trademark, in certain situations when the Trademark Office is not sure if the mark is confusing, the Trademark Office will notify the owner of a registered trademark of the other application so that the owner has a chance to oppose the application.
Canada and the U.S. maintain a public register of all registered and applied for trademarks. What this means is that your future competitors will likely check that database and will not adopt a name that is confusingly similar to your registered trademark. Registration serves as public notice that its owner has a claim to exclusivity of that mark. Even if they didn’t check the database, they are deemed to have notice of your brand, if it was registered as a trademark.
Without going too much into technical details, you should know that your Canadian trademark application and the subsequent registration make it easier for you to register your brand as a trademark in other countries. So if your brand has a potential for going international, you should consider protecting it in Canada as part of your strategy.
Well, and there is a bonus when you decide to register your trademarks you will have a new wonderfully
amazing and amazingly-wonderful opportunity to experience the Trademark Factory way of registering trademarks.
In the next video you will learn about 3 question you should ask yourself when registering trademarks.
Any questions? Send us an email at [email protected], pick up the phone and call us, visit our website or read my book. That’s all for now. See you in the next video.
Watch our other FAQs or leave your comments below!
comments powered by Disqus
Watch our other FAQs:Introduction — What Every Small Business Owner Needs to Know About Trademarks
What Are Trademarks and Why Do We Need Them?
Trademarks vs. Trade Names
What Cannot Be Protected as a Trademark
Trademarks Don't Give Absolute Monopoly Over Words and Images
Registered ® vs. Unregistered ™ Trademarks
When Should You Register Your Trademarks
What is the Trademark Registration Process
Trademark Tips & Tricks