TRADE-MARKS ® - Protecting Your Business Identity
Using trade-marks as a business tool
Success in the business world depends largely on the message you convey and the image you project, especially in today's competitive global marketplace. Even if you offer an excellent product or service, if people can't pick you out easily, they'll probably overlook your business in favour of one with a greater presence. Your trade-mark distinguishes your wares and services from those of your competitors, and helps to establish your identity in the marketplace.
It is a wise business decision to obtain legal proof of ownership. What is required to obtain such a proof? Ideally, you need a registered trade-mark certificate.
Does your trade-mark belong to someone else?
Every time you include your trade-mark on posters, boxes, packaging or in promotions, you are investing in it. Whether you are just starting out in business or are well established, it pays to know about trade-marks. Registering your trade-mark is part of working strategically in today's fast-paced world.
My business name and my trade-mark - what's the difference?
A business name, trade name, company name or corporate name:
- is the name under which your company operates (the name you enter in the provincial and federal register and use for licences, taxes and other administrative activities);
- does not ensure that you own the name or that others cannot take it away from you at a later date.
A trade-mark is a word, symbol or design, or any combination of these, used to distinguish the wares or services of one person or organization from those of others in the marketplace. Only registration of a trade-mark gives its owner exclusive rights of use, under the Canadian Trade-marks Act. It is a legal title to protect your intellectual property.
Protect your corporate identity against fraud
Others may be tempted to copy or imitate the marks of successful competitors, this is called infringement. A registered trade-mark can be a reassuring title of ownership in the event of a legal dispute. Even if your products or services are not yet on the market, you may file now based on future use.
Your trade-mark can be a valuable business asset
Trade-marks have come to represent not only actual wares and services, but also the reputation of the business. Some companies spend millions of dollars nurturing their corporate identities. Did you know that:
- companies like Michelin, Levi Strauss and Intel consider their trade-marks their most valuable assets? (According to an article in Financial World, August 2, 1994)
- the President of Coca-Cola stated that the corporation's buildings, machinery, equipment, vehicles and physical property could all be destroyed, but that the business would have no trouble getting back on its feet, provided the trade-mark survived, (Jean-Pierre De Chalain, The South African Institute of Intellectual Property Law, Newsletter No. 53, 12/1995)
Registering a trade-mark pays for itself
Franchisees may pay large sums of money for the rights to use a name, a concept, or recipes - commonly referred to as "know-how". Companies may buy other companies for their know-how, reputation, and name. "Big-name brands are in demand, and companies are willing to pay huge amounts for the instant recognition and market access they afford.
As the costs go up, so does the importance of protecting brand identity." (John Schofield, "Brave New Brands", Maclean's, May 18, 1998). Intellectual property can be a highly valued asset for sale or purchase. However, in order for you to profit by selling your intellectual property, we recommend that you register it to prove that you are the owner.
Trade-marks are more than slogans and logos
You can consider registering:
- a phone number (for example, PIZZA PIZZA LIMITED's mark " 737-1111" - registration TMA430827);
- a design (such as ADIDAS AG's three stripes used on its sports footwear - registration TMA161856);
- a mark that includes a colour (orange in HARVEY'S design mark - registration TMA154656); or
- an Internet address (such as the address ORCABAY.COM of SPORTCO INVESTMENTS, INC. - registration TMA486502)
Contact Sheena Mitchell to assist you in protecting your business identity and your artistry.
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