Trademark Protection 2018-02-15T21:54:40+00:00

IS YOUR INTELLECTUAL PROPERTY PROTECTED ?

The Fashion Law Boutique works extensively with clients registering, disputing and purchasing trademarks.

A trademark is a source identifier. It enables a consumer to figure out who produced the good or if a product comes from a certain manufacturer – this avoids the likelihood of confusion. Trademarks are considered a form of property: Intellectual Property (IP) can be sold, leased, or managed through complex agreements.

A trademark is a combination of letters, words, sounds or designs that distinguishes one company’s goods or services from those of others in the marketplace. A trademark is unique. It is important to a company because over time, a trademark comes to stand not only for the actual goods and services you sell, but also for your company’s reputation and brand.

Government of Canada

In Canada, you can register any trademark that does not disobey the Trade-marks Act. You can view the detailed information here. Some examples of what can be trademarked are:

  • Business or Company Name
  • Website and Domain Name
  • Logo
  • Name of your product or service
  • Company Slogan

According to the Trade-marks Act, in Canada, some examples of what can’t be trademarked are:

  • names and surnames
  • clearly descriptive marks
  • deceptively misdescriptive marks
  • words that represent a geographical location commonly known to be the place of origin of such goods or services
  • words in other languages
  • words or designs that could be confused with a registered trademark or pending trademark
  • words or designs that look very similar to a prohibited mark

WHO CAN BENEFIT FROM TRADEMARK REGISTRATION?

A brand protected through a registered trademark is a valuable business asset which is why various fashion companies and designers default to trademark protection.

EMERGING DESIGNERS

EMERGING DESIGNERS

The best approach for a new designer to stay protected is to be proactive and immediately trademark their brand, logo, designs, etc. Trademarking your brand’s identity is an effective communication tool (i.e. a logo can convey various emotions) to broadcast messages about you, your company, your products, and your services. A registered trademark can also make it easier for a client to find and distinguish you from all of the other brands already out there.

MODELS/INFLUENCERS

MODELS/INFLUENCERS/CELEBRITIES

The best approach for a new designer to stay protected is to be proactive and immediately trademark their brand, logo, designs, etc. Trademarking your brand’s identity is an effective communication tool (i.e. a logo can convey various emotions) to broadcast messages about you, your company, your products, and your services. A registered trademark can also make it easier for a client to find and distinguish you from all of the other brands already out there.

ESTABLISHED BRANDS

ESTABLISHED BRANDS

The fashion marketplace is extremely crowded and in order to distinguish your brand from your competitors, you must use your trademark to stand out from the crowd and create brand loyalty. A trademark can make you distinctive and memorable. Additionally, no matter how well known your brand is, you must also trademark all new works to keep infringers away. As a large company, you need to focus your attention on your brand and not be worried about counterfeiters.

Inquire about how you can get a free consultation for trademark registration.

INQUIRE HERE