So, you’ve settled on a new company brand and spent a hefty sum to the advertising agencies that helped you choose it. As a result, you’ve put a lot of effort into promoting your brand and new products on television, radio, print media, and in catalogues and booklets. No one can stop your competitors from using and exploiting your trademark to describe and sell their own products. Your trademark is not protectable or enforceable until you eventually consult with a trademark attorney to safeguard your trademark rights.
Consult a trademark attorney if you have any questions.
It is critical that you speak with a trademark attorney who is well-versed in trademark registration procedures early on in the process. You shouldn’t assume that an attorney is knowledgeable with trademark law just because he or she practises law. By searching the Patent and Trademark Office website, you may determine whether the corporation in issue has already registered several trademarks (PTO). Also you need to consult a trade mark agents in Canada
A Powerful Brand Name
A trademark lawyer can help you sort through the many types of trademark strengths and weaknesses so that you can choose a mark that is both strong and able to withstand trademark infringement suits. Category a and b are the easiest to register and defend, however all of the categories are suggested for trademark registration.
Trademarks with wacky names
The companies relate to terms that are invented for the sole purpose of being trademarked or service-marked. There were no trademarks for Pepsi or Xerox until they were chosen as trademarks for soft drinks and copy machines.
Marking Random Decisions
Arbitrary trademarks are those that may be used to identify a product but don’t transmit any information about the product in any way. “Apple” is a successful trademark when used on computers since it does not identify a specific characteristic or attribute of the item.
Insinuative Trademark
Suggestion trademarks are those that involve the use of one’s imagination in order to make a judgement about the quality of the goods and services being described. Passengers must use their imagination to come up with the conclusion that the bus is travelling at the same pace as a greyhound in order for Greyhound® to be a suggestive trademark for bus services.
Trademark that Describes
“Quickly transmit information about an ingredient, quality, feature, function or use of the product or service” is one definition of a descriptive trademark. To make it easier for customers to identify your products and services, descriptive marks are an attractive option. However, descriptive marks can only be protected if they have been used and advertised for an extended period of time so that customers associate the mark with the product or service for which it is being used. Although at first it seemed like a smart idea, it soon became apparent that these names were not a suitable fit for the products or services being marketed.
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