Trademarker FAQ's

We have collated questions that are frequently asked about and in the trademark
sector so click on the trademark questions below to read the answers to these
trademark FAQs. If you have any questions that are not addressed below

FAQ Questions

A trademark is a mark that is legally registered that you can use to recognize your business’ goods or services from another business. It is an expression of your product and services which can be represented graphically in the form of your company’s name or logo.

There are three symbols often associated with trademarks: ®, ™, and ℠. ® indicates that the mark is a registered trademark, therefore protected under the Trademark Act. ™ indicates that the mark is being used by the company as a trademark. However, it does not denote that the mark is registered nor is it protected under the trademark act. ℠ means service mark. It functions similarly to the symbol ™, in that it is used to provide notice of a claim of common law rights in a mark; however, it is usually used in connection with a service mark.

Once your trademark is approved you should use ®. For all other marks no designation is legally required.

Trademarks are only one form of intellectual property that can be protected through federal legislation. 

A registered trademark grants legal rights to the owner and the business the use of the Trade Marked design for distinctive purposes. It establishes an ownership to the trademark and entitles the owner to claim for damages in the case of counterfeiting. It also safeguards the business and prevents competitors from stealing your brand or copying the business idea. It prevents competitors from using your brand’s logo or name on their products.

It is a simply a proactive step to take. It determines if there is already a similar mark in your industry that could interfere with either your use or registration of the mark, and tells us who is using the mark, and how and where they are using it. It also provides information about other registered trademarks that might pose a threat to your use or registration of your mark, even if they aren’t identical. Bottom line is that it can save a lot of time and money.

The answer varies based on the country you wish to file a trademark. It can take between 6 to 18 months. The process can also be delayed if your trademark faces objections or contests that require legal action. Trademarker will be with you every step of the application process and will update you as your trademark progresses.

A trademark registration lasts 10 years. The registration can be continuously renewed so long as you maintain uninterrupted use of the mark in interstate commerce. We will keep track of your trademark and inform you when to renew your trademark.

Yes. You may sell, bequeath or otherwise transfer rights to a trademark through process called assignments. You may also license rights to the trademark. Trademarker is also fully equipped to help with the transfer of ownership process

A common reason for a mark to get rejected is that the mark’s name is too similar to a name or logo that has already been registered. The mark may also be rejected because it is a surname, it is geographically descriptive of the location of the business, it is a foreign term that translates to a generic or descriptive English term, it uses an individual’s name or likeness, or is the title of a single book or movie.

Yes. You will be issued an invoice via email when you complete the questionnaire to confirm our services at which point you will make the payment.

Generally it is not recommended. An individual name may be trademarked, however if that name already has a meaning that is tied to an already existing goods or service or if it belongs to a person then it would likely get rejected. Secondary means that it is famous or well known for example, Rihanna (musician) who has registered trademarks in her name.

You will receive a report every month but the service will occur for however long you choose to have it. It is customizable to your preference. Towards the end of the time frame you will receive an email alerting you about it.

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