Learn More about the Law
Trade-marks/Copyright
Question:
I use a name and logo in connection with my business that has really
"caught on". Should I register it as a trade-mark? If so, why?
Answer:
A trade-mark 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 trade-marks registered by our firm on behalf of the Nova Scotia Fruit Growers Association for the Annapolis Valley
Apple Blossom Festival. Under the law, it is not absolutely necessary
to register a trade-mark at the trade-mark office in Ottawa; but read on.
Even if Dan D. Apple™ was not a registered trade-mark, the Festival
would still have certain rights with respect to the image. Nevertheless,
there are specific advantages to registering your trade-mark. Some examples
include:
1) you can retain exclusive use of the trade-mark;
2) if another business or organization uses a trade-mark which is similar
or identical to your registered trade-mark, 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 trade-mark will benefit
from a priority of registration in Europe or the United States.
If it is important for you to have worldwide, 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 trade-mark legislation.
In short, if your trade-mark 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 trade-mark or logo.
Once your trade-mark or logo has been registered, you must then 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.

Kentville, Nova Scotia, Canada
t. 902.678.2157 • f. 902.678.9455
 
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