Learn More about the Law

Trademarks/Copyright

Question:

I use a name and logo in connection with my business that has really "caught on". Should I register it as a trademark? If so, why?

Answer:

Our office acts as trademark agents. A trademark is actually the name of a product or service. For example: "Pepsi™", "Microsoft™" and "Dan-D-Apple™". Dan-D-Apple™ was one of the first trademarks registered by our firm on behalf of the Annapolis Valley Apple Blossom Festival. Under the law, it is not absolutely necessary to register a trademark at the trademark office in Ottawa; but read on.

Even if Dan-D-Apple™ were not a registered trademark, the Festival Committee would still have certain rights with respect to the image. Nevertheless, there are specific advantages to registering your trademark. Some examples include:

1) you could retain exclusive use of the trademark;

2) if another business or organization uses a trademark which is similar or identical to your registered trademark, the fact that you registered the mark entitles you to maintain a legal action against that person recuperating all damages or loss of customers. If you had not registered your mark, legal action would not be possible to obtain compensation for the loss of customers;

3) depending upon certain other criteria, your trademark would benefit from a priority of registration in Europe or the United States.

If it is important for you to have world wide, North American or some other defined geographic area "nailed down", registration would have to take place in each of those jurisdictions. I doubt that you would find a country in which "Pepsi™" would not be registered under the relevant trademark legislation.

In short, if your trademark has "value", it is important that you register it so that there can be no doubt as to the time at which you began to use such a mark or logo (in other words, you have to be "first"). Also, you should define all of the products or services that you intend to use in association with your trademark or logo.

Once your trademark or logo has been registered, you must then (usually through your trademark agent) be diligent in attacking any competing mark or logo which is copying or mimicking your logo or mark. A failure to challenge such uses puts your own mark in jeopardy.

For more information on this or any other legal concerns please contact us.

Muttart Tufts Dewolfe & Coyle
Barristers & Solicitors
20 Cornwallis St.
Kentville, Nova Scotia
B4N 3X3, Canada
(902) 678-2157