Protect Your Intellectual Property
Success in the franchise world depends largely on the message you convey and the image you project. 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 franchise names that have dominated the North American market in the 1900s are still 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 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 franchise identity is through a registered trademark. Registration of your trademark 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.
Register a Trademark
You can file online in both Canada and the US. The application undergoes stringent examination to ensure it meets the requirements of the Trademarks Act.
Registration in Canada and the US does not protect your rights in other countries
If your products are sold in other countries, you should consider applying for foreign registration. Call us to find out about procedures.
What is the difference between a trademark and a trade name?
A trade name is the name under which you conduct your business. It can be registered as a trademark, but only if it is used as such, that is, used to identify wares or services.
May I register my own name as a trademark?
Normally, you may not register a proper name— neither yours, nor anyone else’s—as a trademark. An exception may be made if you can demonstrate that the name has become identified in the public mind with certain wares or services.
What other kinds of marks may not be registered?
In general, the following marks may not be registered: words that are clearly descriptive (e.g. "delicious" ice cream), terms that are misleading, words that designate a place of origin (e.g. "Atlantic" cod), terms or symbols that are too similar to an existing trade-mark, and terms and symbols that are expressly prohibited under the Trademarks Act. These latter include symbols (coats of arms, badges, crests, etc.) of national and international organizations and terms that are considered immoral or offensive. Other types of marks that may not be registered are plant variety denominations and protected geographical indications for wines and spirits.
What are the steps of trademark registration?
Trademark registration usually involves:
- a preliminary search (done by you or us) of existing trademarks;
- an application;
- an examination of your application by the Trademarks Office;
- publishing of the application in the Trademarks Journal;
- time for opposition (challenges) to the application; and
- allowance and registration (if there is no opposition).
What you need to include in your application
- the appropriate, completed application form;
- the application fee; and
- drawing of the trademark if application is made for a word or words in special form or a design.
Warning: The Trademarks Office will not ensure that your trademark is not infringed
The Trademarks Office does not act as an enforcement agency. You are responsible for monitoring the marketplace for cases of infringement and taking legal action, if necessary.
For more information on how TLC can help you with franchising please call Peter Singleton at (403) 214-0222.