Trademark how does it work

Sanrio, the Japanese company behind Hello Kitty, licenses companies around the world to use the name and image of the girl with the pink bow around her ear. The V. This way we ensure a relevant website. We also collect information about the use of the website, analyze visitor behavior and use this data for advertising purposes. Read more about cookies in our Privacy statement. Spring direct naar de hoofdnavigatie of de inhoud. Trademark registration: how does it work?

Table of contents Types of intellectual property rights Objectives of registering trademarks and designs Types of trademark registration Requirements for trademark registration Trademark registration or design protection? Requirements for design protection Classification of trademarks Objection Process and costs of trademark registration Duration of protection and obligation of use Client case: how Hello Kitty combats counterfeit products FAQs Types of intellectual property rights There are various types of intellectual property rights IP.

Objectives of registering trademarks and designs In the Benelux, as well as in most European countries, a trademark is only protected once it is registered. Types of trademark registration A trademark is the link between an innovation and commerce, it distinguishes your product from that of other market players. Requirements for trademark registration To be eligible for trademark registration, the trademark must be genuinely distinctive. Trademark registration or design protection?

Below, you can find an overview of design forms you can protect: Source: website EU IPO Requirements for design protection A design must be new and have a unique character to be eligible for protection. Classification of trademarks You can request a trademark for certain products and services. Objection A trademark owner or holder can lodge an opposition objection against the registration of a trademark application for a product or service that is similar to or complements the product or service for which they have registered their trademark.

It is for this reason that the AJAX trademark can be claimed by a football club, cleaning detergent manufacturer and a fire extinguisher manufacturer; after all, these products and services are not comparable and do not Process and costs of trademark registration The registration process and costs for registering a trademark are highly dependent on the countries in which you want to register your trademark.

Duration of protection and obligation of use In principle, a trademark registration is valid for 10 years and can be renewed indefinitely.

Client case: how Hello Kitty combats counterfeit products Sanrio, the Japanese company behind Hello Kitty, licenses companies around the world to use the name and image of the girl with the pink bow around her ear. Frequently asked questions about trademark registration. Contact our experts. View this client case.

Once it has been established that it is a case of trademark infringement, the infringing products are destroyed on site. How can we help you? Web Site. Gender: Male Female.

What services are you looking for? Consider the example of Sidney Crosby, who partnered with Reebok to create his own personal brand, "SC87," which sells hockey equipment and apparel that are "approved" by Crosby.

He also has partnerships with companies such as Gatorade and Tim Hortons. These partnerships are meant to appeal to his fans and attract consumers to the companies' products. Trademark protection is territorial. Consider strategically filing for trademark rights in countries where you plan to do business.

Use online tools and databases to search for trademarks in countries where you plan to do business. Make sure no one else has the legal rights to your trademark, or to one that could be confused with yours. Consider licensing agreements with overseas entities, as they are one of the quickest ways to expand across global markets. The Madrid System allows you to apply in multiple countries by filing one application and paying one set of fees. Before you file, search for registered trademarks or pending trademark applications.

If you are thinking about using your trademark abroad, search international databases for registered trademarks around the world. United States Patent and Trademark Office. Before filing your trademark application, you must understand how to group all of the goods or services associated with your trademark according to the classes of the Nice Classification. You can file your application and pay the fee online. You can also submit your complete application with your payment by mail, but you will need to pay an additional fee.

After CIPO receives your application and grants it a filing date, a trademark examiner will review your application to make sure that your trademark is registrable and that it does not conflict with one already filed or registered. If your application does not meet the requirements of the Trademarks Act and Trademarks Regulations , the examiner will explain why, and you will then have an opportunity to overcome the objection or meet the missing requirements.

If your application is in order, it will be advertised in the Trade-marks Journal , which is the official publication that lists every application that has been approved for advertisement in Canada and is available on the CIPO website. Any person who has a valid ground of opposition to any trademark application for registration advertised in the journal may file a statement of opposition within two months of the advertisement date.

CIPO will send you a certificate of registration and enter the trademark in the Register of Trademarks. To maintain your trademark registration, you must pay a renewal fee every 10 years.

If you do not, your trademark will be expunged from the Register of Trademarks. You will receive a notice with information about your payment deadline. To claim infringement, you must be able to prove that you have a valid registered trademark and that another party is using the same or a similar trademark that might cause confusion.

As a best practice, you should always do your due diligence and search domain name and trademark databases during the naming process of your business. If your domain name is available and does not infringe on anyone else's rights, you should register your domain name and apply for trademark registration at the same time to deter "cybersquatters" from registering your domain name before you and then charging you to buy it from them.

It contains a wealth of resources related to trademark protection in Canada. This manual provides acceptable identifications and statements of many goods and services, along with their appropriate Nice class.

It conducts hearings and renders decisions according to the Trademarks Act and Trademarks Regulations. WIPO has a resourceful section on trademarks and provides an international angle to trademark protection. Consult the WIPO web page on trademarks to learn more. Many trademark owners choose to be represented by a registered trademark agent for their knowledge of the Canadian registration process. CIPO provides a list of registered trademark agents who are authorized to represent trademark holders before the Office.

Work hard to make sure that your products or services are instantly recognizable and memorable, and that they evoke positive associations. Protect your trademarks, such as words, logos, slogans and packaging, by seeking formal registration in markets where you plan to do business.

Making the best use of your registered trademark rights will give you a competitive advantage over others. To learn more on IP rights, check out the other online modules on patents , copyright and industrial designs to see how they could also protect your innovation and support your business growth.

To help us better improve our products and services, please take a minute to complete our client feedback form. Suncor Synthetic crude from oil sands. Arc'teryx Outdoor clothing and sporting goods. BlackBerry Smartphones and tablets. Indigo Books, gifts and specialty toys. President's Choice Grocery and household products. Trademarks — Learn the basics Protect your brand. Learn why trademarks matter.

Welcome to the Trademarks — Learn the basics online module To succeed in the business world, you need to send the right message and develop the right image.

Find out what trademarks are and how to make strategic use of them. This can include: entrepreneurs innovators creators Canadian small and medium-sized businesses In this module, you will learn: what a trademark is what you can and cannot register as a trademark how trademarks can be a valuable business asset the steps involved in filing a trademark application best practices on managing your trademark portfolio IP refers to creations of the mind, such as inventions, literary and artistic works, designs, brand names, slogans and logos used in commerce.

A trademark can be one word or a few words. It can be a design, alone or with words. Trademark rights allow you to stop other people from using your trademark to sell goods or services. The only way to protect an invention is to get a patent. A registered trademark has gone through review and publication at the United States Trademark Office or some similar office in another country or region , found to be valid, then given a registration.

A tradename also called an assumed name is like a nickname for a business entity. Operating your business through an entity, like a corporation or a limited liability company, allows you to protect your personal assets from liabilities of your business. Sanglovitch Libations Corp. You can have a common law trademark. As soon as you start using a trademark to sell your stuff, you begin to have common law rights in that trademark. Trademarks with common law rights can use these symbols - TM for trademarks or SM for servicemarks.

Lots of businesses rely on common law rights and do perfectly well. But, hey, there must be some reason that so many people get a federal trademark registration.