Patents, Trademarks, and Copyright
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How can I prove someone's trademark registration is invalid?
Canada/US: The main way you can invalidate a trademark is by demonstrating that it is either: not registrable when registered, not distinctive by the time any proceedings commence, or if the
tra...
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Can I register my trademark before I use it?
Canada/Yes: Yes, it is a good idea to register and protect your trademark as soon as possible....
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Can I register my trademark after I've use it?
Canada/US: Yes, you can register your trademark at any time. However, registering your trademark long after you've used it runs the risk of others potentially using your trademark. ...
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What is the advantage of registering my trademark?
Canada: If your trademark is registered, you have protection throughout Canada, goodwill and reputation are automatically assumed, and it can make registration in other countries much easier. US: Regi...
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Can I trademark my business name if it's a geographic location?
Canada/US: Trademarks that are clearly descriptive of a place of origin are not registrable. ...
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What is an elliptical trademark?
Canada/US: Ellipsis refers to an omission from a sentence of one or more words that would complete or clarify the sentence. It requires an inference to determine what the trademark actually means....
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What is a composite trademark?
Canada/US: A composite trademark contains both words and a design....
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What is a compound trademark?
Canada/US: Compound trademarks are marks formed by two or more words....
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Can my trademark describe an intrinsic aspect of the product?
Canada/US: No. This is would be a confusing mark and would be unregistrable. For example, you could not register "Gold Jewelry" in association with a company that sells jewelry. ...
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Can I register a trademark that is primarily functional in nature?
Canada/US: No. A trademark that is primarily functional is not registrable. This would be more within the realm of patent law....
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Who gets priority: the person who first used the trademark or the one who first
registered the trademark?Canada/US: If there are two conflicting trademarks, which ever one was used or registered first will take priority. It will depend on who used/registered first. ...
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What is a proposed use?
Canada: A trademark application can be made on the basis of a proposed use. If the trademark is not used within 6 months of the proposed use declaration it will be considered abandoned. US: If a trade...
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How long can I register my trademark before having to use it?
Canada/US: If you don't use your trademark within 3 years after registration, your trademark will be considered abandoned. ...
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Is my unregistered trademark protected?
Canada/US: Unregistered trademarks are protected; however, their protection is not as robust as that of registered trademarks. What will be considered is the extent and manner in which the
trade...
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What is a trade name?
Canada/US: A "trade name" is the name under which any business is carried on. It can be the name of a corporation, a partnership or an individual....
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