Article

What Is A Trademark Registration?

Topic: Legal ServicesPublished July 1, 2011

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The first thing you need to know about a trademark registration is what a trademark is. A trademark is the name or logo you use for your business. It could include your name such as Mark's Painting and Supplies. Once this name is used it becomes a trademark. It differentiates your business from another business. Once you have named your company and created a trademark it is time to get it registered. A trademark registration will tell everyone that the name is yours and yours alone. No one else will be allowed to use the name for any purpose. The Intellectual Property Office handles all trademark registrations. They will compare your trademark to other trademarks that are in use. If none match yours they will publish the trademark in their journal. Other businesses will then have two months to oppose the use of your trademark. It is actually possible for two companies to have similar trademarks as long as their businesses are not near each other and the businesses are not in the same class. All trademarks are classified. If you sell paint you will be in a different class than a company that sells purses. You could both go by the name Marks Favours. Since the businesses are in different classes, as long as the businesses are separated they will be allowed to have the same name. It is unusual for businesses to have the same name but it does happen. At the end of the two months if there is no opposition you will have a registered trademark. There is no law that says you have to register the distinctive name your company uses. You can even bring a lawsuit against someone who uses your name. The problem is it is difficult to prove you own the name. What is to say the other person doesn't own it? You will have to prove you own the name by showing how long you have been in business with that name. Having trademark registration done is so much simpler. There is no doubt who owns a registered trademark. You will easily be able to show that the trademark is registered to you. The other person or company will have to stop using your company's name or logo. You can apply for a Trademark Registration online at the Intellectual Property office website. There is a fee that must be paid but it is well worth the cost. You don't have to worry about someone taking your company name away from you. Customers tend to associate a name with a product. If you lose your name you could lose your business as well. Your customers are likely to follow the name thinking it is the same business. What is a trademark registration? It is applying for a trademark to make it your property. There are rules that apply to trademark registration. You cannot use names that are misleading or name something illegal. You cannot have a name that lists an illegal drug for instance. There are many things that apply to trademarks. Make sure the name you use is allowed.

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