The relationship between trade-marks & artistic expression is very much an unsettled area of law for Canadians. Most of the relevant case law addressing this issue are U.S. circuit court decisions, thereby making them persuasive (but not binding) for our purposes. However, if we set aside the fact that first amendment jurisprudence does not match […]
Continue ReadingTrademark Registration – The Benefits and How to Register a Trademark
A trademark is a sign or logo used to distinguish goods and services of one company from another. It can be described as a brand identity for a specific individual or company in the market place and must be unique and distinguishable. It is vital for a company or individual to have a registered trademark […]
Continue ReadingWhat Are the Advantages of a Registered Trademark?
A trademark is a symbol or sign that can distinguish your services or products for those of your competitors. It may be designated by several symbols including the TM (Trade Mark) and SM (Service Mark), as well as the Circle-R or the federal registration symbol. Why Register a Trademark Some people assume that they can […]
Continue ReadingInternational Trademark Registration Procedure
Getting the right name is important and essential; it gives you a distinctive identity instead of a descriptive common name and secures your business identity if registered as Trademark. A distinctive trademark guarantees the genuineness, and gives you the legal rights to prevent its illegitimate use by competitors and reputation breakers. Registering your trademark grants […]
Continue ReadingUse Of Chinese Trademark Registered
Regarding Chinese trademark before and after registration, we would like you pay attention to the following indications: 1. Before the mark is officially approved of registration, the applicant should not attach any registration symbol (e.g., “®”) to the mark in respect of the designated goods; 2. The subject application or potential registration is valid in […]
Continue ReadingWhy Register a Canadian Trademark? Trademarks Defined and Explained
WHAT IS A TRADEMARK? A trademark is a word, a symbol, a design or any combination used in association with products (wares in trademark lingo) or services. It is a useful tool for distinguishing the products or services of one entity from its competitors. A trademark may come to represent not only products and services, […]
Continue ReadingGenuine Use of a Community Trademark – It’s Not Where You Use But How You Use
The question of whether use of a Community Trademark in just one European Member State is “genuine use”, sufficient to defeat a revocation action for non-use, has been a question on the lips of Trademark owners and practitioners alike since the inception of the Community Trade Mark. A recent opinion issued by the Attorney General […]
Continue ReadingProtecting Brands From Infringement and Knock Offs – Part II Advanced Techniques
1. Use Copyright Registration to Stop Knock-Offs Too often, overseas and other low-cost manufacturers are employed to replicate successful products. This can be done by carefully making a mold of the product and then using that mold to make a replication. These knock-offs are imported into the U.S. and enter the stream of commerce through […]
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