Q: What is a trade-mark? TM: A trade-mark as defined in the Trade-marks Act includes any word, symbol, picture, device, design or logo, colour, sound or a combination of these used to distinguish the wares or services of one person or organization from those of others in the marketplace. Q: Are there different kinds of trade-marks? TM: Yes, there are three basic types. Ordinary marks are words and/or symbols that distinguish the goods or services of a specific firm. Certification marks identify goods or services which meet a standard set by a governing organization. Distinguishing guise identifies the unique shape of a product or its package. Q: What is the difference between trade-marks and other forms of intellectual property? TM: Trade-marks are only one form of intellectual property that can be protected through federal legislation. The other forms are: patents cover new inventions (process, machine, manufacture, composition of matter), or any new and useful improvement of an existing invention; copyrights provide protection for artistic, dramatic, musical or literary works (including computer programs), and other subject-matter known as performance, sound recording and communication signal; industrial designs are the visual features of shape, configuration, pattern or ornament (or any combination of these features), applied to a finished article of manufacture; integrated circuit topographies refer to the three-dimensional configuration of the electronic circuits embodied in integrated circuit products or layout designs. Q: What is the difference between a registered and an unregistered trade-mark? TM: A registered trade-mark has been approved and entered on the Trade-mark Register held by the Canadian Trade-marks Office. Registration is proof of ownership. An unregistered trade-mark may also be recognized through Common Law as the property of the owner, depending on the circumstances. Q: Why register a trade-mark? TM:Registration is direct (prima facie) evidence of exclusive ownership across Canada and helps ward off potential infringers. It enables you to more easily protect your rights should someone challenge them since the onus is on the challenger to prove rights in any dispute. The process of registration, with its thorough checks for conflicting trade-marks, will ensure that you are claiming a unique mark, and help you avoid infringement of other parties rights. A registered trade-mark is a prerequisite for franchising a business. Q: Is registration mandatory? TM: No, but it is advisable. Q: Why hire a trade-mark agent? TM: Trade-mark registration can be a complex process; an experienced agent can save you time and money by avoiding pitfalls such as poorly prepared applications and improper research. Q: Who can register a trade-mark? TM: Companies, individuals, partnerships, trade unions or lawful associations, provided they meet the requirements of the Trade-marks Act. Q: How long is registration effective? TM: A Registration is valid for 15 years and is renewable every 15 years afterwards upon payment of a fee. Q: How do I register a trade-mark? TM: You must file an application with the Trade-marks Office in Hull, Quebec.
Trade-Mark.ca is Ottawa-based company (Ontario, Canada) with a phone number 6132345280. Our data show that the company is located at the address: 504 Kent St OTTAWA Ontario K2P 2B9. The company has a web site: www.trade-mark.ca.
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