Should i trademark my logo4/3/2023 ![]() ![]() ![]() Trademark registrations are ‘country-by-country’. After the trademark is registered, if you do not use it a third party can apply to have it struck – and if you are unable to provide evidence of use of the trademark during the past three (3) years, your registration will be struck. You can file a trademark application before you plan to use the trademark. What happens if I register the trademark and do not use it? However, delay creates risk for your business and trademark, so “better late than never, but the sooner the better”. You can register after you start selling. I have already sold things using my name. On the other hand, if your use and the use by the prior user will be very different (for instance, in different countries or on completely different products/services), then it is possible that you can proceed. If your use will be confusing with someone else’ prior use, then ‘no’ you cannot apply. I want to register a name that I saw being used. While some rights may be back-dated to date of application, real protection only starts when the mark is registered. First, applications take months (24-30 on average) to proceed from application to registration. If it is a logo and a name, protect each separately. If it is the name of a product or service, protect that. If that is your name, then protect your name. You should protect whatever it is that helps customers find you and distinguish you from current and future competitors. Trademarks are about protecting ‘customer goodwill’. Should I protect my business / corporate name or the name of a product or service? The more specific your registration is, the easier it is for someone else to claim that what they are doing is not confusingly similar to your registration. Should I file one application for my name-logo-slogan-design to save money? The name of a product or service is likely very important for customers. Registration of a design is necessary to prevent confusion with a similar design. Registration of a word mark will only protect against confusion with that word mark. ![]() You should trademark the name of your product/service (not necessarily the name of the business) as soon as finances permit, when you have your branding locked down. Incorporation does NOT protect your name or brand – that is what trademark registration does. Timing of incorporation is usually driven by financing, business partner, liability and tax considerations (many business start as unincorporated sole proprietorships and only incorporate, if at all, years later). Incorporation is about legal structure of your business – this addresses various ownership, legal, and tax considerations. ![]() Should I incorporate first or trademark first? But you can apply for trademarks after you commence sales. Often your trademark is becomes your most valuable asset. It is good business practice to protect yourself (from claims of infringement by others, but infringement of your rights by others) to register, and it helps to build value in your business. You almost never “must” register a trademark. Do I have to register my trademark before I start selling? Even if your corporate name includes your trademark (eg. Only trademark registration protects your “brand”. Incorporation is different from trademark registration. If you want protection for a name, logo, slogan or design that will prevent others from using the same or similar trademarks, you need trademark protection. A registered trademark is different from a business name registration (sometimes called a ‘trade name’ or ‘business name’ or ‘corporate name’). I have already registered a business name (sole proprietorship). A trademark must not be “confusingly similar” to another trademark. “Nothing identical” is not the test for whether a trademark can be registered. I have done a search and no one is using my exact trademark. Request quote for responding to an Examiner’s Report.Costs – contentious matters and Examiners.Request a quote for responding to an Examiner’s Report. ![]()
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