Your identity in the marketplace Success in the business world depends largely on the message you convey and the image you project. This was the case 50 years ago and is even more true in the competitive global marketplace of today. You may have an excellent product or service to offer, but if people can't pick you out easily in the crowd, you'll probably be overlooked in favour of a firm with a stronger presence. It's no coincidence that certain brand names that dominated the North American market in the 1920s still are leaders today. The public gravitates towards familiar names and symbols that have become associated with quality and reliability. That's why companies spend millions of dollars nurturing their corporate images. They may research, design, market and protect a name, logo or package design as much as the physical product itself. A key way of protecting your corporate identity is through a registered trade-mark. Registration of your trade-mark is legal title to intellectual property in much the same way as a deed is title to a piece of real estate. It verifies the exclusive right you have established through use of a word, symbol, style or combination of these (a more complete definition follows under the heading What is a trade-mark?). Whether you are just starting out on a business venture or have been in the field for a long time, it pays to know about trade-marks. It's part of working strategically in a fast-paced world. Purpose of this guide In this guide we will look at what trade-marks are, how they can benefit you and how to register one. With a basic knowledge of the trade-mark concept and process, you can take steps to protect your intellectual property and avoid infringing the rights of others. This may help you steer clear of costly and time-consuming legal battles. Keep in mind that this booklet offers general information only and does not cover all the complex issues that may arise through the registration process. This guide is not a substitute for an experienced trade-mark agent, nor does it provide authoritative definitions and explanations, for which the reader is referred to the Trade-marks Act, the Trade-marks Regulations (1996) and decisions of the Trademarks Opposition Board and the courts. However, even if you are hiring a trade-mark agent, this guide can help you become a well-informed client. Consult the Act, the Trademarks Office or a trade-mark agent for more detailed information. The Trade-marks Office The federal agency responsible for registering trade-marks in Canada is the Trade-marks Office, directed by the Registrar of Trade-marks. The Trade-marks Office is part of a larger agency called the Canadian Intellectual Property Office (CIPO), which is part of Industry Canada. CIPO is responsible for other forms of intellectual property as well, namely patents, copyrights, industrial designs and integrated circuit topographies. The main functions of the Trade-marks Office are to:
What is a trade-mark? A trade-mark is a word, a symbol, a design (or a combination of these features), used to distinguish the wares or services of one person or organization from those of others in the marketplace. Trade-marks come to represent not only actual wares and services, but the reputation of the producer. As such, they are considered valuable intellectual property. A registered trademark can be protected through legal proceedings from misuse and imitation. There are three basic categories of trade-marks: 1. Ordinary marks are words or symbols (or a combination of these features), that distinguish the wares or services of a specific firm or individual. Suppose you opened a courier business which you called "Giddy-up." You could register the words as a trade-mark (assuming all legal requirements were met) for the service you offer. 2. Certification marks identify wares or services which meet a defined standard. They are owned by one person but licensed to others to identify wares or services which meet a defined standard. Examples are: the Woolmark design owned by Woolmark Americas, Ltd., for use on clothing and other wares and the logo of the Association of Professional Engineers. 3. Distinguishing guise identifies the shaping of wares or their containers, or is a mode of wrapping or packaging wares. If you manufactured candy moulded to look like butterflies, you might want to register the butterfly shape as a trademark under "distinguishing guise."
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