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The Founder Movie: The Biggest Lesson About The Value Of The Brand
 
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A short snippet from the great movie, The Founder, © 2016 The Weinstein Company, that illustrates the biggest lesson about the value of the brand. Are you protecting yours? https://trademarkfactory.com
Просмотров: 251766 Trademark Factory
What Is An Acceptable Specimen of Use? | Trademark Factory® FAQ
 
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What Is An Acceptable Specimen of Use? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com After your trademark is allowed or registered, when you’re filing your maintenance between your 5th and 6th anniversary of the registration—and we actually have 2 separate videos, one about post-allowance statement of use and the other is about post-registration statement of use—both of these instances in the U.S. would require you to file a specimen showing that you are using the trademark. And also in the U.S., when you file your trademark application on the basis of existing use in commerce, rather than intent-to-use, you also need to file a specimen of use. So there are 3 scenarios when you would be required to file that. First is when you’re filing a trademark based on use. The other one is when you’re filing a post-allowance statement of use if you filed your TM application based on intent-to-use and your trademark was allowed—for it to be registered you need to file a statement of use. And finally, after the trademark gets registered, between the 5th and 6th anniversary of the registration you still need to show to Trademarks Office that you are still actively using the trademark, and you still need to show them the Statement of Use. So, in that Statement of Use, you need to show the specimen, you need to attach a specimen that shows evidence that you are properly using the trademark in commerce. That requires that you understand what “using a trademark” actually means. So, for products, the use of a product from the trademark perspective means that you are selling the product that’s marked with a brand, or you are invoicing the buyers, and the invoice has a trademark on it. If it is an on-line web-site, you need to have a store from which your market can buy your product, and basically touch or see, the name, the logo or tagline—whatever brand you’re trying to trademark. So, the buyer needs to be able to see that brand in connection with a purchase or the product itself. So either I’m unpacking the product and it’s on the packaging, or the product itself, or the invoice, or during the process of the purchase. But importantly, simply having a website about the product, an advertising, is not considered proper use in commerce for the product, because it is not a part of the purchase process, it’s part of the marketing, which is not considered proper use. Contrastingly, a trademark is deemed to be properly used in connection with a service if you are offering the service, during the performing of the service or during the advertising for that service, as long as you are able, willing and ready to provide that service to that market. So unlike products, with services, advertising is deemed proper use. If you have a website and you put your trademark there, that will be considered proper use. When you are required to file that specimen of use, showing to the trademark examiner, to the Trademarks Office, that your trademark is in use, make sure that you supply them with all the photographs, with all the scans, invoices for the products and screenshots for the services. Or let’s say, you’re a restaurant, go take a photograph, where it will show that your restaurant is still open, maybe show the menu, show the invoice, be creative! But make sure that you properly understand that simply having an idea for the brand is not good enough. Just because you registered a domain name that you think is a great name for the business is not good enough. It is not a proper specimen of use. You have to actually be offering your products, offering your services, and using your trademark in connection therewith. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 3092 Trademark Factory
What Should I Know About Trademarking Slogans and Taglines? | Trademark Factory® FAQ
 
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What Should I Know About Trademarking Slogans and Taglines? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com Different industries focus on trademarking different things. Some file more trademarks for product names, some file more trademark applications for service names, some file more applications for logos. So what I found is that service industries, especially those that are extremely competitive and that are populated with big players, for example, real estate agents or mortgage brokers, they all act under the umbrella of a big brand that they don’t control, that they don’t own, but then there are teams and individuals who come up with ways to compete with players under their own brand. So different teams of realtors or different individuals within those teams sometimes they come up with a catchy phrase that they use to explain to their market and have the market remember, how they are different from everyone else. So these taglines are extremely valuable because if they are memorable, if they are powerful, if they compel the potential market to buy from you, that’s what you want to protect. How do you trademark them? Same as everything else. You check to see if they are available and that they can be trademarked. And if nobody has taken that phrase or something too similar to that, you file a trademark application for it, and the application will have the tagline as the trademark itself, and you’ll list the products and services that the tagline should cover. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 2935 Trademark Factory
How To Trademark a Name and Logo | Trademark In Canada And USA
 
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How To Trademark a Name and Logo Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com Number 1: Decide WHAT you want to trademark. Would it be your name, your logo, both as a single trademark or both as two separate trademarks. Number 2: Find out if you CAN trademark your brand. You need to know if the brand you picked is even trademarkable. And it means a lot more than simply checking if someone had trademarked the same brand before. Number 3: Decide WHO will own the trademark. Is it you personally? Your company? It can be either, but you need to make sure your decision makes sense from business perspective. Number 4: Decide WHERE you want to trademark your brand. It doesn’t matter where you are. It doesn’t matter where your company is incorporated. What matters is, where do most of your customers come from now or will in the near future. You need to look at your most important markets and trademark your brand there. Number 5: Decide WHEN you want to trademark your brand. You should trademark your brand in your home country as soon as humanly possible. It is often too late but never too early to protect your brand. A great deal of very successful brands were trademarked BEFORE launch. That’s when it’s the easiest to protect your brand—as long as it’s trademarkable. Number 6: Decide WHICH products and services your trademark application would cover. Trademarks don’t give you a monopoly over your name, logo, or tagline themselves. Trademarks give you a monopoly over the mental link between your brand AND the products and services you have listed in your trademark application. For example, Apple doesn’t own the word “Apple.” They own the word “Apple” in connection with computers, phones, software and stuff like that. But it doesn’t mean they can stop someone from calling their excavators “Apple”. Number 7: Decide HOW you will be filing your trademark application. Basically, there are 4 ways to do it. You can do it yourself. The danger is that most business owners, however smart and experienced they are as business owners, don’t know enough specifics about trademark laws to go through the whole process successfully. In case you don’t know, it takes on average 14 months to register a trademark in the United States and 18 months on average to register a trademark in Canada. During these long months, you would be communicating with the Trademarks Office. And if you don’t know what you’re doing, you will probably end up with nothing. The second option is to use online filing websites, which basically have developed software that makes it easier for you to understand what should go where into your trademark application. The problem with this option is that they are not representing you. The third option is to use a traditional law firm. The problem with this option is unpredictability. And finally, the forth option, you’re welcome to file your trademarks through Trademark Factory. Not only will we conduct a comprehensive trademark search to tell you exactly whether your brand is trademarkable FOR FREE, we will also offer you our most popular package All-Inclusive. It’s basically one flat fee for our services that covers everything from start to finish. You will never see another invoice from us. And for most trademarks we file, we will actually also offer a 100% money-back guarantee. Which means that if after spending as much time as necessary trying to come up with a winning argument, if we then lose, you will get all your money back. We’re the only firm in the world that does this. And if you have a brand you want to protect, fill out the form at trademarkfactory.com—and we’ll get the process started. Trust me, your brand is worth it! ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 18809 Trademark Factory
Is registering a .COM domain name enough to secure trademark rights? | Trademark Factory® FAQ
 
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Is registering a .COM domain name enough to secure trademark rights? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com The answer to that question is, NO. The mere fact of registering a domain name does nothing to protect your brand that you reflect in that domain name. Unregistered trademark rights do exist and are recognized in some countries (and we have a separate video on that). Canada recognizes unregistered trademarks, U.S. recognizes unregistered trademarks, some other countries recognize unregistered trademarks. But unregistered trademarks require that you use your brand extensively and that a substantial number of people know about your brand. So when you’ve just come up with a name and registered a domain name, it means nothing in terms of you being able to protect the brand. All it does is, it will stop others from being able to register the same domain name as you for technical reasons, but you get absolutely no trademark rights. So you will be able to protect the brand name if you build the website, are using that domain name, and that website is well visited so you can prove that you have customers from all over the world and they know you under that brand. But the fact that you’ve just registered it by itself means nothing. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 1023 Trademark Factory
What Are Generic, Descriptive, Suggestive, Arbitrary, Fanciful Trademarks? | Trademark Factory® FAQ
 
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What Are Generic, Descriptive, Suggestive, Arbitrary, Fanciful Trademarks? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com There are 5 degrees how trademarks are measured in terms of their strength. Some of them are registrable, and some of them are not. So let’s go from the least registrable towards most registrable. Least registrable trademarks are generic trademarks. So basically, a trademark that is simply the common name for the product or the service is called generic. So If I am selling pens, the word “Pen” would be generic if somebody wanted to trademark that. Or phones, so if I want to trademark the word “Phone” if I am selling phones, I’d be denied because it is generic. If I am selling cars I can’t trademark the word “Car.” If I am selling the trademarking services, I can’t register the phrase “Trademarking services”, or just “Trademarking,” or “Trademark.” Slightly above that are descriptive trademarks. Descriptive trademarks are more than just naming the product but they do nothing more than tell the market about certain characteristics, or features, or benefits of your product or service. So if you’re selling printers, you can’t trademark the word “Color,” because that’s the feature of your printers. Or if you’re selling accounting services, “Timely Accounting Services” would be a descriptive trademark. It is not generic—it would be generic, if it had been simply “Accounting,”—because you’re adding something to it, but what you’re adding is only a description of the characteristic of your product or service. So “Timely Accounting Services” or “Pure Gold Bracelets”... Again, the name of the product is “Bracelets”—it’s generic; “Gold”—that’s descriptive; “Pure Gold”—still descriptive. Above that there are suggestive marks. Suggestive marks are those that give the customer some idea about your product or service, but they don’t just describe a main feature, or main characteristic, or one of the main features or characteristics, in a way that adds nothing to the trademark in terms of identity. So the good example here would be “Trademark Factory®”. When you hear the phrase “Trademark Factory”, you know that what we offer is trademarking services, but really, the word “Factory” does not tell you exactly how we are different from others, how are we better than others, it doesn’t tell you anything except that in some shape or form, we offer trademarking services. That’s a suggestive mark. Above that, there are arbitrary marks. They use dictionary words that have nothing to do with the product or the service. And the best example here is “Apple.” Apple is not in the business of selling apples, otherwise it would have been a generic mark. But they use the word “Apple” to sell computers and phones and software. And none of this has anything to do with apples. So they use a dictionary word in connection with unrelated products and services, thus making it an arbitrary mark. And finally there are fanciful trademarks. When you come up with a word that did not exist,that means nothing, it’s not in the dictionary and you just came up with that name and thought it would be a great name for a product or a service, and you give it that name—and it’s also very trademarkable. A good example for that would be—and there are so many of them—and something tells me, if I come up with a name as an example, I would get some comments that actually this means something in some other language, but I’m still going to give it a try. And if I’m wrong with an example, you’re welcome to post your comments and correct me, but you’ll still get the point. So for example, “Sony” or “Yamaha”. This means nothing, at least in English. Some of the most famous fanciful trademarks are Xerox, Kodak, and Exxon. Some other good words that used to be fanciful marks are “Escalator”, “Aspirin,” and “Linoleum.” They used to be fanciful marks that mean nothing, that did not exist, but now they are generic marks or very close to generic marks in case of Aspirin. Somebody came up with a name, they gave this name to a product. But they became so prevalent on the marketplace that people started using those names as generic names. Google is another good example of a trademark that may be on its way to becoming generic. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 1228 Trademark Factory
How George Clooney Sold Casamigos® Brand For $1 Billion — Untold Story
 
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George Clooney and Rande Gerber, the creators of Casamigos tequila, tell a great story about how they created their brand by accident in 2013. They perpetuate this story in all of their interviews and the news outlets and fashion magazines are happy to reprint it. Problem is, the story is not entirely accurate. The official version is that George and Randy came up with the idea of the brand while vacationing together in Mexico in 2010. They sampled their fair share of tequila from local bars and restaurants and decided to make one of their own that would be just perfect for them. They found a distiller in Mexico and had the tequila delivered to their homes, both situatied on a property known as Casamigos. The name is a play on words, that can be translated to "House of Friends." The original plan for the tequila was to be consumed by George, Rande, and their friends and families. However, when they ordered over 1000 sample bottles, their distiller insisted that they needed a license. Thus, the brand was officially launched in 2013 and made available to the public. Since then it has become one of the fastest growing tequila companies in the world to be later aquired by Diageo for 1 billion dollars. But we'll get there in a moment. One thing noticeably missing from the story is that Clooney and Gerber set up a company and filed a bunch of trademarks before their distiller mentioned the license. *** SHOW TRADEMARK APPLICATIONS *** And they didn't just trademark the name, Casamigos. They also trademarked the logo and a couple of taglines. They filed their first trademark for the name covering tequila services on May 9th, 2011. In december of the same year, they trademarked "It could happen. Please drink responsibly". Then in october of 2012, they trademarked the logo and another tagline, "Brought to you by those who drink it". As of today, they have at least 12 pending or registered trademarks in the U.S. alone. Don't get me wrong, I don't blame Clooney and Gerber for wanting to embellish the story a little bit. In today's world where deliberate success and wealth are often frowned upon, they almost had to create the perception of a rags to riches story to get the masses to buy into their Casamigos movement. How else would they get thousands of people to post Casamigos pics on social media and even make Casamigos tattoos! *** SHOW USER CONTENT *** But make no mistake, they understand the value of the brand and the importance of owning it. And it's not just my conclusion as I look at their trademarks. Here's in Rande Gerber's own words: *** https://www.youtube.com/watch?v=xz7XIKp31sE at 15:20: "It's our brand, we own it, it's our money in the brand. *** This is why trademarking their brand was one of the first things they did—long before they officially launched their tequilla to the public. And then, just a few years later, they sold the brand to Diageo, the world's largest alcohol distributor, for $1 billion dollars. The partners got $700 million upfront, and the remaining $300 million will be paid to them based on performance of the brand over the next 10 years. Going from 0 to a billion dollars in just four years is absolutely remarkable. They practically printed a billion dollars out of thin air. And if you're thinking to yourself, well of course it's George Clooney. Think again. I assure you that it would have cost Diageo less than a billion dollars to hire Mr. Clooney to advertise Smirnoff Vodka, Guinness Beer, Johnnie Walker whiskey, and all of their other drinks. Instead, Diageo paid a billion dollars to acquire the brand. And that was something more tangible than just George Clooney's face or his name or his fame. So, there's a lesson there. He could only sell his brand and make so much money out of it because he properly protected the brand at the very beginning. Before anybody saw a bottle on the shelf, before he and Rande announced it, first thing they did is they trademarked the name so nobody can take it. And then, they figured out a way to build a product around it. And then, they figured out a way to monetize the brand. Very smart way to build a brand. Very smart way to monetize a brand. So, thank you George Clooney for this amazing lesson. And, for everyone out there, the lesson here is not for you to start coming up with new tequila brands and trying to sell them to Diageo. The lesson here is that the brand has massive value if you take the right steps to protect it and build something around it. So use this lesson from George Clooney in your business. Build a brand. Be legendary.
Просмотров: 638 Trademark Factory
What Is Madrid Protocol ? | Trademark Factory® FAQ
 
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What Is Madrid Protocol? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com Madrid Protocol is an international treaty that allows most businesses in the world to file one trademark application and just put checkmarks next to the countries where they want their trademark registered. And when I said, “most business owners”, unfortunately, there are some countries that are not yet members to that. And most countries are, but Canada is currently the only civilized country in the world that is not a part of that treaty. So Canadians cannot use that. So if you’re a Canadian business and you have a global presence and you want to have global protection for your brand, essentially you have two options. One is to file individual trademark applications in every single country where you need protection. And it can get really, really expensive because you have to deal with separate lawyers, separate countries, separate government fees, it can easily escalate to a huge sum of money. The second option would be for you to establish an entity, maybe a branch or another company in some other country—and most Canadians set up U.S. companies for that reason—and then you can file an international trademark application on behalf of that U.S. entity. So here is how this works. If you are a company or a business that can file an international trademark application, the first thing you’re going to do is file the national trademark application in your country of residence. So for example, if you are an American company, you would file a U.S. trademark application, just like you normally would. And then you would file a second application—that would be the international part of it—where you would say, “Based on our U.S. filing, we want the same trademark registered in this country, in this country, in this country, we want it in China, we want in India, we want in Brazil, we want in this and that. And again, you would not be able to add Canada because that’s not the part of the system. But, generally, the rule is very simple: if you want to get your trademark registered in more than 5 countries, the Madrid Protocol is the way to go. It will save you a ton of money, a lot of headaches. If it’s less than 5—and by the way, the`European Union is considered as one entity, so all 28 countries, think of them as one whole,—so if all you want to do is get your trademark in the U.S., European Union, and China, don’t go for Madrid, just do them separately. If it is more than 5 countries, put the list and make sure that you get your brand protected in all the markets where your trademark is valuable for you. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 2414 Trademark Factory
Should I trademark a logo done on Fiverr? | Trademark Factory® FAQ
 
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Should I trademark a logo done on Fiverr? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com I get this question all the time and my answer is very simple: it doesn't matter how much you paid for your brand to be developed because most of us have brands that we paid nothing for. We came up with those brands ourselves. Just because you pay somebody $5 to design a logo doesn't mean that the logo is not valuable. You don't measure the value of your brand by how much you paid to get it designed. The value of your brand is measured by how many people know about your goods and services under that brand. So a $5 brand can easily be worth billions, so don't get hung up on how much you paid for the logo. Make sure that if you think the logo is of value to your business that you protect it. The important thing is, just because you paid somebody to design a logo for you does not automatically transfer the intellectual property or copyright in the image over to you or your company. You need to have it in writing that they assign copyright in that image to you and that they specifically allow you to use that image in your business and to trademark that. Because some of them use stock images and you don't want to end up with a brand, that’s really nothing but a stock image. So, you have to make sure that when you give them the job description you tell them specifically that it has to be an image designed from scratch, just for you, and that they wouldn't be able to license or sell it to your competitors. So be very careful but again, it doesn't matter how much you paid for them. It could be 5 dollars, or 5 thousand dollars, or 5 million dollars. The value is not measured by how much you pay. Think of Nike swoosh. It's not the most intricate work of art, but the brand, the logo, is worth millions, hundreds of millions. Not because of how much they paid to the designer, but how much goodwill they have accumulated with that design. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 758 Trademark Factory
Introduction to Trademarks - Part 5 - Registered vs. Unregistered TMs | Mincov Law Corporation
 
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All videos in this series: 00. Introduction to the series - http://youtu.be/8g4SSOlsP90 01. What are trademarks and why we need them - http://youtu.be/UwFY05nkF-U 02. Trademarks vs. Trade Names - http://youtu.be/FEa9cSpDxzM 03. Trademarks vs. Product or Service Itself - http://youtu.be/AMUAdJi9qgs 04. Two Limitations of Trademark Protection - http://youtu.be/4jejOVgMlHk 05. Registered vs. Unregistered Trademarks - http://youtu.be/zKvMIKS21gs 06. When You Should Register Your Trademarks - http://youtu.be/M4wpx17gzxU 07. Trademark Registration Process - http://youtu.be/O0PAtsYKIb0 08. Trademark Tips & Tricks - http://youtu.be/K3jB-iMhqhw 09. Let Us Register Your Trademarks - http://youtu.be/3lANdiFpPKQ Registered and Unregistered Trademarks (® vs, ™) Unlike most other countries, Canada provides some limited protection to unregistered trademarks. They are also called "common law trademarks". If a business owner is using an identifier (be it a name, slogan, logo, etc.) as a trademark, this identifier is by this fact alone an unregistered trademark. The owner of an unregistered trademark may prevent competitors from using the same or similar trademark in connection with the same or similar products or services. This sounds good but to be able to do it, you would need some very serious evidence of your unregistered trademark being well known in the area where it is used without permission by the competitor. On the other hand, trademark registration provides multiple advantages over unregistered trademarks. First of all, the protection automatically extends to all of Canada, regardless of whether anybody knows about your trademark in a specific area. It is important to note, however, that a trademark registration only extends to Canada, but not to other countries. Canada is the only civilized country in the world that is not a party to the Madrid Agreement or Protocol, which means that unlike most other businesses, Canadians cannot file for what is called an international trademark registration where all you need to do is check boxes with names of countries where you would like to have your trademark protected. If you need to obtain protection outside Canada, you will need to file separate trademark applications in every such country. Secondly, a registered trademark constitutes a serious, if not an impossible hurdle for anyone else who wants to register an identical or a similar trademark in association with identical or similar products or services. The trademark office only checks for registered trademarks when it decides whether your trademark application will be allowed. What this means is that even if you have a pre-existing unregistered trademark, your competitor can still register the same trademark. The good news is that you will be able to oppose such registration (if you find out about the trademark application before it gets approved) or cancel it (by filing a lawsuit against the competitor). The bad news is that it will cost you a ton of money to do it, even though you are 100% in the right. There is a big difference between being right and being able to do something about it. In addition to these, there are several other procedural advantages of registering your trademarks. In simple terms, if at some point in time you can see yourself taking your competitors to court over unauthorized use of your trademarks, your lawyer's job will be much simpler (and thus it will cost you significantly less) if your trademarks are properly registered. You should also know how to properly mark your products and marketing materials. If you are using an identifier as an unregistered trademark, you should place a ™ symbol next to it. On the other hand, if your trademark is already registered, you should use the symbol ® to tell the public that you have invested in serious legal protection of your business assets. Some countries, for example the United States, have very strict laws about misleading use of the ® symbol in connection with unregistered trademarks. So if you registered your trademark in Canada only, and you sell your products marked with the ® sign to the U.S. market, you may be in serious trouble there, even though the product originates from Canada where you do have a registered trademark. So be careful.
Просмотров: 2140 Trademark Factory
How Are Service Marks Different From Trademarks? | Trademark Factory® FAQ
 
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How Are Service Marks Different From Trademarks? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com And the answer to that is, they are not. What used to be is that the term service marks only covered brands in association with services and the term trademarks only covered brands in association with products. So now, trademarks cover both products and services. The term service mark is still used occasionally to the refer to brands that only cover services but the term trademarks can cover both products and services. So don't bother with it, just use trademarks: everybody will understand what that means. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 674 Trademark Factory
Look Alike and Sound Alike Trademarks | Trademark Factory® FAQ
 
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Look Alike and Sound Alike Trademarks Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com Let’s say, you come up with a brand, you do the search, and you see that someone else had already come up with this idea. Not only they came up with that idea, but they also trademarked that. And the question is, if you changed your mark just a little bit, maybe added some misspelling or maybe just added something around that, which would make your trademark a little bit different, would that allow you to register your trademark? And the answer to that is usually, no. So sound-alike trademarks or look-alike trademarks are typically just as confusingly similar as the identical marks. Because here is the thing, the trademarks examiner, when they get two trademarks applications, the standard is not for them to compare the two side by side. The standard to them is think of what would a person who once saw the first trademark— they’re not necessary their customer, they’re not necessarily buying that, they just saw that briefly, maybe in a store or on a website—so the question that the trademark examiner is asking themselves is, would that person think, when they saw your trademark, your misspelled, your look-alike, your sound-alike trademark, would they think that your product or service is actually coming from the same source as that other product or service that they saw a while ago. And if their answer to that is yes, the trademark examiner will come to the conclusion that the two trademarks are confusingly similar. And it is not exact, it is more art than science, but the general rule is, they compare trademarks not only in terms of, are they identical? They compare trademarks as to, do they look similar, do they sound similar, do they mean the same thing? And if the answer to that is yes, then it’s very likely that the objections will be raised against your trademark, and those objections will be very difficult to overcome. So, don’t fall under the impression that all you have to do is just add a few misspelled letters or maybe drop a few vowels, and you will be able to get away with this. Usually, you won’t. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
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3 Most Important Benefits of Registering Trademarks | Trademark Factory® FAQ
 
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3 Most Important Benefits of Registering Trademarks Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com There is a lot more than 3, but 3 is the one that I am going to point out. So, first of all, an unregistered trademark protects you only in the geographical area where enough people know about you under that brand. So, what that means is that with an unregistered trademark you would need to prove that your brand is a trademark, that you own it, and that it's known to enough people in the geographical area where you’re claiming that it should be protected. With a registered trademark, the first benefit is that you get a presumption of ownership. What that means is that your trademark registration certificate is enough evidence that your brand is recognized as a trademark and that you’re recognized as its legal owner. Now, it can be disputed, very rarely it gets disputed, but now it's up to the other side to prove that your brand is either not a trademark or that you don’t own it, or that you shouldn’t own it. So, the first one is the presumption of ownership. The second benefit is that registered trademarks are federal. So your registered trademark is protected all across Canada if you have a Canadian trademark, or all across the U.S. if you have a U.S. trademark. It doesn't make it international by itself but it protects you all across the country, even if nobody has ever heard of you in a particular area of that country. And the third benefit is that the only way to protect your trademark before it's launched it is to file for registration, to apply for registration. And here is the idea: as I said unregistered trademarks protect you where enough people know about you in the geographical area where you offer your products and services. By definition, it means that you’ve already launched and had enough people who’ve heard about you under that brand and who remember you under that brand. And if you’ve just come up with a great idea and it's here, in your head, if you haven’t launched it yet, there is absolutely no way to protect it other than to file an application to the Trademarks Office saying that this is the brand that I want to protect. A lot of companies trademark their brands before they launched them. Because they knew it would take them a while to establish enough evidence to be able to claim protection for their unregistered trademarks. So what they did is, they come up with a name, they trademarked it, and then they started using it right and left - because they knew their brand is already protected. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
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What Does Confusingly Similar Mean ?| Trademark Factory® FAQ
 
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What Does Confusingly Similar Mean? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com What does “confusingly similar” mean? What is confusion? From the trademark perspective, confusion is not about "uh, I'm confused, I don't know what I'm looking at." From the trademark perspective, confusion is a test that allows the Trademarks Office and the courts to make a decision whether two trademarks can coexist or whether one is too close to the other one. What they do is they think of a fictional character, they call it “consumer in a hurry,” who may have heard about the first brand, have seen it, have some memory of it. It's what's called an imperfect recollection of that first brand. What happens in their mind when they see the second brand? What they do is they try to, the courts and the Trademarks Office, they try to decide what would that person think? Would they think that the second brand comes from the same source as the first one, or would they be able to easily tell that one comes from one and the other comes from the other? Based on that, they're going to make their decision. The test is “confusingly similar”, not just “similar”. Not just identical. What they're going to do is they're going to assess similarity in terms of how the two brands look like, how they sound, and what they mean. There is no black and white answer often, but you do it through thinking about that mythical person who is that consumer in a hurry. That's what the confusion is all about. At that point, when you start going through that analysis. You're going to be like, "Uh, I don't really know what the judge is going to decide." There's a lot of cases that will help you make that determination and if you have professionals helping you with that, you're going to have a pretty good idea. The other thing that you should remember is that confusion is not just about comparing the brand to a brand, it's also about comparing goods and services to goods and services. If one brand is registered for, let's say, fishing supplies and the same brand is trying to get registered for accounting services, even if it's the same name, the name is identical, there is no likelihood of confusion because people who buy accounting services, they will know that the same company is very unlikely to also sell them fishing supplies, and the other way around. That's also a big, important step in the likelihood of confusion analysis. It's not just about comparing two brands, it's also comparing products and services and it's also comparing everything around that. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
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Can I trademark the same brand for different products or services? | Trademark Factory® FAQ
 
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Can I trademark the same brand for different products or services? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com So can you have the same trademark as somebody else as long as you are providing completely different products and services from that other trademark? And the answer to that is yes because when you register a trademark, you don't get a monopoly over a word, phrase, or logo itself. What you are getting is a monopoly over is the mental link between that word, phrase, or logo and specific products and services that you offer. So the example I always use is McDonald's, they don't own the phrase I'm lovin' it. They only own the phrase I'm lovin' it in connection with restaurants. So if you are a funeral home or a gynecologist, you can not only safely use this phrase in your business, you can also probably trademark that phrase for your businesses. Obviously, I'm using this example as a joke, and maybe it's not the best business decision to use the phrase I'm lovin' it if you are a funeral home or a gynecologist, but that demonstrates the point. So as long as your products and services are completely different from the other registered trademarks you can safely use or even register that. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 617 Trademark Factory
Introduction to Trademarks - Part 1 - What Are Trademarks | Mincov Law Corporation
 
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All videos in this series: 00. Introduction to the series - http://youtu.be/8g4SSOlsP90 01. What are trademarks and why we need them - http://youtu.be/UwFY05nkF-U 02. Trademarks vs. Trade Names - http://youtu.be/FEa9cSpDxzM 03. Trademarks vs. Product or Service Itself - http://youtu.be/AMUAdJi9qgs 04. Two Limitations of Trademark Protection - http://youtu.be/4jejOVgMlHk 05. Registered vs. Unregistered Trademarks - http://youtu.be/zKvMIKS21gs 06. When You Should Register Your Trademarks - http://youtu.be/M4wpx17gzxU 07. Trademark Registration Process - http://youtu.be/O0PAtsYKIb0 08. Trademark Tips & Tricks - http://youtu.be/K3jB-iMhqhw 09. Let Us Register Your Trademarks - http://youtu.be/3lANdiFpPKQ So what are trademarks and why do we need them? Trademarks can take many forms. The traditionally recognized forms of trademarks are: - word trademarks (either for the name of a product or a service, or a slogan); and - design trademarks (for logos). Recently, many jurisdictions (Canada among them) have started allowing registration of some of the so-called non-conventional trademarks such as - color trademarks; - sound trademarks; - shape trademarks; - animated trademarks; - hologram trademarks; - smell trademarks; - taste trademarks; and - texture trademarks. Regardless of the form of a trademark, its function is to distinguish products and services of one business from identical or similar products or services of another business. For example, hundreds of fast food places sell burgers with very similar recipes. The function of a trademark is not to make customers choose a burger over a pizza. The function of a trademark is to make customers who already decided that they want a burger to choose a particular one. In this sense, the function of the trademark is to address the question "which?", rather than "what?" So if you have a successful burger, you want to make sure that consumers never confuse it with other burgers. How do you do it? You mark the exterior of your restaurant with your trademark, you come up with a unique name for your burger, you place your trademarks everywhere in the restaurant, including menus and the uniform, and you make sure you place your trademarks on the packaging of the burger when you wrap it up for the customer. So to sum things up, the function of a trademark is to distinguish your products and services from identical or similar products and services of others. When you understand what the function of a trademark is, it becomes even more important to understand what it is NOT. And in the next video, I'll tell you about the commonly misunderstood difference between trademarks and trade names.
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What Is a License Agreement? | Trademark Factory® FAQ
 
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What Is a License Agreement? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com There are two ways you can let somebody else use your trademark. One is through an assignment agreement, and we're going to have a separate video for that, and the other one is through a license agreement. The difference between the two is, with an assignment agreement, you actually sell your trademark. You no longer own it. Somebody else will become the next owner of your brand. With a trademark license agreement, it's like renting. It's allowing somebody else to use it while you remain the lawful owner of that trademark. In this video, I will provide some ideas about what should go in the trademark license agreement and what you should be aware of. The first thing is that there are three types of trademark license agreements in terms of what the licensor, or the party who owns the trademark, can do with respect to the trademark. There is exclusive, non-exclusive, and sole. Exclusive trademark license agreement means that the licensee, somebody that you allowed to use your trademark, is the only party that can use the trademark. Not even the licensor can use that trademark anymore. When you give somebody an exclusive trademark license, it means that they can use it and you cannot use it anymore. Sole trademark license means that the licensee can use it and you yourself can use it, but you are not allowed to offer similar licenses to others, which means the licensee, the first licensee you're giving it to, is the only licensee that can use the trademark plus you yourself. And there is non-exclusive license agreement, which means this licensee can use it, you can use it, and you're allowed to give the same license to anybody else without asking the licensee. That's the first thing you need to be clear about. Then you need to be clear about the term. Again, because it's a license, it’s not an assignment, it's not necessarily forever. It's like renting. You specify how long they will enjoy the right of using your trademark. Then the territory. That one can be tricky because in theory, your contract, your trademark license agreement, can specify the territory where they can use your trademark. The interesting thing is, for example, you have a trademark registered in Canada and the U.S. and you want to license it for use in European Union. There's nothing that prevents you from signing a contract like this, but the question really is do you even own the brand in Europe if you haven't trademarked it there—because most countries, as you know from my videos, don't protect unregistered trademarks. So be very careful when you're defining the territory to at least have a proper understanding of whether you have the right to grant for those other territories. Then the other thing is obviously how you get paid. Are you getting paid a royalty, are you getting paid a flat fee, are you getting paid monthly, are you getting paid annually, is that a one flat ... whatever it is, there is really no right and wrong answer here, but you have to be clear what's the benefit to the licensor from granting the right to use the trademark. Another element of trademark license agreement is, is it sub-licensable, which means is the party, is the licensee allowed to further license your brand. For example, Company A licenses the trademark to Company B, will Company B be able to sub-license it to Company C? Again, there is no right or wrong answer, but it's something that you should think about when you sign the trademark license agreement. Most importantly ... even though I say it's most importantly, it's from the legal perspective most importantly, but a lot of people who sign license agreements don't know about this, is that the licensor must include in the trademark license agreement the provision that the licensor will exercise control over the quality of the products and services offered by the licensee under that trademark. The idea behind that is a trademark is designed to act as an identifier for the source of products and services to make it easier for the consumers to buy the proper product that they're looking for. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 766 Trademark Factory
Introduction to Trademarks - Part 3 - Trademarks vs. Product Itself | Mincov Law Corporation
 
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All videos in this series: 00. Introduction to the series - http://youtu.be/8g4SSOlsP90 01. What are trademarks and why we need them - http://youtu.be/UwFY05nkF-U 02. Trademarks vs. Trade Names - http://youtu.be/FEa9cSpDxzM 03. Trademarks vs. Product or Service Itself - http://youtu.be/AMUAdJi9qgs 04. Two Limitations of Trademark Protection - http://youtu.be/4jejOVgMlHk 05. Registered vs. Unregistered Trademarks - http://youtu.be/zKvMIKS21gs 06. When You Should Register Your Trademarks - http://youtu.be/M4wpx17gzxU 07. Trademark Registration Process - http://youtu.be/O0PAtsYKIb0 08. Trademark Tips & Tricks - http://youtu.be/K3jB-iMhqhw 09. Let Us Register Your Trademarks - http://youtu.be/3lANdiFpPKQ Trademarks vs. Product Itself As I explained in the previous videos of this series (and make sure you watch them first), the function of trademarks to distinguish products and services of one business from identical or similar products or services of another business. What this means is that trademarks are not designed to grant their owners monopoly over the products or services themselves. This means two things: you cannot claim the generic name for your product to be your trademark and you cannot "trademark" the functionality of your product. Indeed, if you sell wizmos, you can't stop others from also selling wizmos by claiming that "WIZMO" is your trademark. Remember, the function of a trademark is to allow you to help customers find your wizmos among wizmos offered by your competitors, not to allow you to corner the market for wizmos altogether. This is often referred to as using the trademark as an adjective, as opposed to as a noun. You should also make sure that your once original trademark does not become generic, in which case it will stop functioning as a trademark. This was the case or almost the case with Aspirin, Kleenex, Xerox, Thermos, Jacuzzi, Linoleum and several others. This is where you should be very careful about your marketing strategy. From the marketing perspective nothing can be better than millions of customers using your brand name as in "I need a kleenex" or "Let me google that for you". However, from the trademark law perspective, such use should be discouraged, because it may lead to the death of your trademark rights. Instead you should promote the use of "I need a Kleenex tissue" and "Let me use Google search engine for you". Of course, most small business owners would say that it is a great problem to have. But even though too much fame may not seem to be a problem at the early stages of your business, this should become a consideration as you grow your business into something that will have resalable assets. Similarly, if the shape of your product is driven by certain functionality, you are not allowed to claim this shape as your trademark, simply because this would give you the monopoly on the functionality (which Is a proper subject of patent protection, but not trademark protection). The most famous examples of when companies unsuccessfully tried to claim trademark protection over the functionality of their products in Canada was in connection with LEGO blocks and the shape of a 3-head electric razor. In both these situations, the court found that what the companies really were attempting to protect was a monopoly to make the product, not to distinguish their product from similar products of others.
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Introduction to Trademarks - Part 0 - Introduction to Series | Mincov Law Corporation
 
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All videos in this series: 00. Introduction to the series - http://youtu.be/8g4SSOlsP90 01. What are trademarks and why we need them - http://youtu.be/UwFY05nkF-U 02. Trademarks vs. Trade Names - http://youtu.be/FEa9cSpDxzM 03. Trademarks vs. Product or Service Itself - http://youtu.be/AMUAdJi9qgs 04. Two Limitations of Trademark Protection - http://youtu.be/4jejOVgMlHk 05. Registered vs. Unregistered Trademarks - http://youtu.be/zKvMIKS21gs 06. When You Should Register Your Trademarks - http://youtu.be/M4wpx17gzxU 07. Trademark Registration Process - http://youtu.be/O0PAtsYKIb0 08. Trademark Tips & Tricks - http://youtu.be/K3jB-iMhqhw 09. Let Us Register Your Trademarks - http://youtu.be/3lANdiFpPKQ You are watching the first in a series of videos on what every small business owner should know about trademarks. Small businesses make three common mistakes when it comes to registering trademarks: - they don't register trademarks that need to be registered; - they spend too much money registering worthless trademarks; and - they waste too much time filing trademark applications that have no chance of being approved by Canadian Intellectual Property Office. Small business owners make these three mistakes because they don't know what they don't know and because they are afraid to ask a lawyer due to less than stellar reputation of the legal profession. My purpose is to contribute to eradication of both these reasons that stand between small businesses and effective brand management. So why listen to me? Let me tell you my story! I have been an intellectual property lawyer for over 18 years now. And the reason the slide says that I have over 15 years of Canadian and international experience is because after I came to Canada in 2007, I had to spend 3 years attending a law school here after I had already been a lawyer for 13 years in a different country. I started my career as an IP lawyer when my father, a famous Russian composer heard his music on the radio advertising Samsung. The problem with that was that nobody asked his permission to do it. So he called the radio station and they told him to sit down, shut up and wait till they make him even more famous. Instead, he asked me to help him take this matter to court. At that time I was in my 2nd year of my first law school and had literally no idea about copyright, civil procedure or what to do in a courtroom. So I said -- "sure, let's do it". Long story short, after several years of litigation that went all the way up to one instance short of the Supreme Court of Russia, we won. In the process I became an expert in copyright and very passionate about protecting intellectual property. My dad was my first and favourite client. But I did not only work with him. I provided legal services to such dream-clients as Microsoft, Apple, Sony, Dreamworks, J.K. Rowling, and many many others, some of which I cannot name for confidentiality reasons. In 2007 I came to Canada, went through my second law school, got my lawyer license, got my trademark agent license, and started Mincov Law Corporation, a law firm for clients who value intellectual property as a tool for protecting ideas and creativity. Probably one of the reasons I love doing what I do so much is that I have the privilege of dealing with brilliant people all the time: my clients create what millions of people around the world want to use, listen to, play, watch, or steal. I admire my clients' accomplishments and because of that every time I come up with an outside-the-box creative solution to help them, I feel great. This is why I do what I do and this is why I love doing it! Now that you know a little bit about me, here's what you'll learn in this series of videos: - What are trademarks and why do we need them? - The difference between Trademarks vs. trade names. - The difference between Trademarks vs. products or services themselves. - You will learn that Trademarks do not give an absolute monopoly. - The difference between Registered vs. unregistered trademarks ( ® vs. ™ ) - You will learn the indicators that will tell you whether or not you should register your trademarks - About trademark registration process. - In the end you will learn several Tips & Tricks to make your brand strategy effective.
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What Are the Two Main Reasons My Trademark Application Can Be Rejected? | Trademark Factory® FAQ
 
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What Are the Two Main Reasons My Trademark Application Can Be Rejected? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com There are multiple things that can happen after you file your trademark application and multiple reasons that the Trademarks Office may write back to you with some objections to what they don’t like about your trademark application. Many of these objections can easily be dealt with and fixed and tweaked around so that the Trademarks Office eventually accepts your application. And I am not saying that it is easy for somebody who doesn’t know what they’re doing—many self-represented applicants don’t know how to respond to even the simplest objections—but for people who know that they are doing, many objections are easy to deal with. There are two big ones that are really difficult to address. And the two are descriptiveness and confusion. So descriptive mark, if the Trademarks Office is of the opinion that you mark does nothing other than simply tell the market about the quality, the characteristics, the features of your product, they may consider that your trademark is merely descriptive or clearly descriptive. And clearly descriptive trademarks are not registrable in Canada and in the U.S. Because the purpose of the trademark is not to give you the monopoly over the product itself, the purpose of the trademark is to give you the monopoly over whatever it is that identifies your product and service apart from any other similar or identical product and service offered by someone else. So it’s not about the protecting the product, it is not about giving you a monopoly over the product or the service. It’s about making sure that the same product and service, if the customer sees two big boxes—one of them is yours and the other is your competitor’s—there is something on that box that will allow the customer to tell your product and service apart from somebody else’s. That’s what a function of a trademark is and that’s why they don’t allow you to trademark words like “Accounting”... If you are an accountant you can’t trademark the word “Accounting” by itself. Or you can’t trademark “Timely Accounting” because all it does is just tells people that you are providing accounting services and the characteristic of those services is that they are timely. And if you were allowed to get a trademark on that, nobody else in the country would be allowed to say that they are also offering timely accounting services, which makes no sense. That’s why these are not trademarkable. This example is pretty obvious but Trademarks Offices around the world are getting increasingly detailed to make sure that descriptive trademarks don’t get registered because there are a lot of trademark applications being filed every year, there are 6 million trademark applications filed worldwide every single year. And again, they don’t want to have trademarks on something that does not really perform the function of a trademark, that does not allow the market to distinguish products and services of one provider from identical products and services of another provider. So, that what descriptiveness’ objection can lead to. And the other objection is confusion. If there are other previously filed or registered trademark applications or trademark registrations, then it is the duty of the Trademarks Office to check and tell you, that unfortunately, your trademark is confusingly similar to theirs, and so yours can’t be registered. Both the descriptiveness objection and the confusion objection, they are not final. What happens is you file your application and then you get an opinion from the Trademarks Office, and then it is the job of the trademark professional to help the trademark owner to convince the trademark examiner that, in fact, it is not descriptive and here is how, or it is not confusingly similar and here is how. And we deal with these objections all the time and most of the time, we are successful because it is really the only thing what we do. But again, if the question is what are the two biggest reasons why the trademark application might not go through, it is this: descriptiveness and confusion. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 400 Trademark Factory
In Whose Name Should I Apply For My Trademark? | Trademark Factory® FAQ
 
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In Whose Name Should I Apply For My Trademark? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com Typically, big corporations don't ask this question because they have already figured it out. They already know through their corporate lawyers which of their entities should hold onto their intellectual property. Also, if you are a one-man show without a company, you also won't be asking this question because it's obvious: the only way you can trademark your brand is to file it in your own name. If you are a partnership, if there are a few people who are running a business together without setting up a separate company, which, by the way, is something that I strongly recommend against, because partnerships can be very, very dangerous because it's not really an entity, it's an agreement. And if something goes wrong, each of the partners can be liable for everything that somebody else, one of the other partners, did. If they took a loan and disappeared on the Bahamas, then the other partners would be personally liable with their personal assets for that loan. So, if you figured out that your business has a chance of becoming successful if you have other people on board, set up a company. It's very simple, it doesn't cost a lot of money, it's fast and it's certainly a lot simpler to untangle if things go wrong. Plus you can’t file a trademark on behalf of a partnership, again, because it’s not an entity. The other situation is when one owner owns a company, so it’s a corporation with a single owner and there the question is, Do I file it in my personal name or in the name of the company? Most of the time, it doesn't matter unless you are planning to have investors or having other shareholders who would be interested in getting the brand. So if you are not seeking for investors and if you're planning to keep 100% ownership of the company, it really doesn't matter unless there is a risk of your company going bankrupt. If your company goes bankrupt and the company owns the brand, then the brand is going to die. So, the only way for you to save the brand would be to assign the trademark back to you before the bankruptcy starts. But you can always move the ownership of your trademark, even if it is just the application stage so you can assign the trademark registration or the trademark application from you personally to your company or from your company to you personally. And the last type of situation is when there are several owners of the company and, at that point, the answer is usually very obvious. You would file it in the name of the company because it would be very difficult for one of the co-owners to explain to all the other co-owners why the trademark is owned by just one of them, not all of them. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 270 Trademark Factory
Trademarks vs  Domain Names | Trademark Factory® FAQ
 
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Trademarks vs Domain Names Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com In this video, I'm going to show you how trademarks compare to domain names. Let's start with what's similar. Both trademarks and domain names help people find you and your business. Both trademarks and domain names operate on a first come, first serve basis meaning that you can easily check if a certain name is available, but also just because it's available today doesn't meant that it won't be taken by someone else tomorrow. At which point, you're out of luck. Just because you are the first who thought it might be a good idea to own a name means nothing unless you actually act on it. Also, you can build value around both trademarks and domain names and you can license or even sell them. There are also a few differences. The trademarking process is much longer and much more complex compared to getting a domain name. It takes a few minutes to register a new domain name. It takes more than a year to register a trademark. Anyone can register a domain name. You need experience and specialized knowledge to successfully register a trademark. You need to renew domain names every year. You need to renew trademark every 10 years in most countries and every 15 years in Canada. With domain names, if the exact domain name is available, you can have it. With trademarks, even if the exact name is not trademarked, you won't be able to get it if there is another previously applied for or registered a confusingly similar trademark. Of course, trademarks are significantly more expensive to get than domain names. There you have it. There's lots of similarities and a lot of differences. What's important is that most businesses need to have both. They need to have their brand reflected in domain names and they need to have their brands protected as trademarks. This is just one of many short videos where I provide specific, no BS answers to your questions about trademarks. Subscribe now and be notified whenever the next video goes live. If you have a brand that you want to protect, go to trademarkfactory.com, fill out the form, tell us what the brand is and we'll help you protect it with a free comprehensive trademark search for a all‑inclusive flat fee with 100% money back guarantee. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
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What Is UDRP Uniform Domain Name Resolution Policy? | Trademark Factory® FAQ
 
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What Is UDRP Uniform Domain Name Resolution Policy? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com As long as you have a trademark, and it doesn’t really even have to be a registered trademark. If you have sufficient business presence in a jurisdiction that recognizes unregistered trademarks—and you may want to go back to one of this videos in the list where I am explaining what unregistered trademarks are and which jurisdictions recognize them—if you are well known in that jurisdiction that recognizes unregistered trademarks, you can use Uniform Domain Name Resolution Policy but the vast majority of cases, and especially those where the complainant, the trademark owner was successful, the trademark owner had a registered trademark at least in one jurisdiction. And it has to be a legitimate registration that’s linked to a real business, so you can’t just go and register your trademark, in one of those jurisdictions that allow you to quickly and easily get a trademark, even if you have no plans of doing business there. It has to be a legitimate registration. So, if somebody registered a domain name that’s confusingly similar with your trademark, you can go after them with UDRP. Now, the important thing is that domain name must have been registered in bad faith. So somebody who did it knew about your brand and they registered it either in order to sell it to you or in order to prevent you from reflecting your brand in that domain name. It is something that you need to prove. What matter is that the domain name must have been registered after you have your rights to the trademark. I will share with you a story. Trademark Factory is a good example. When I came up with a name, TRADEMARKFACTORY.COM was already taken. It wasn’t used, nobody was using it, but somebody registered that domain name and at that point, I got TRADEMARKFACTORY.CA. We were starting in Canada, most of the business at that point was coming from Canada, so we got the .CA. And I wrote to the domain name owner and said, would you be willing to let go of the .COM? And they wanted to get some ridiculous amount of money—at that point, I thought it was ridiculous because I wasn’t sure if the brand is going to stick. But next year when I realized that what I have built is a viable business with a great model that a lot of business owners not just from Canada but from around the world want to use to get their trademark registered, I realized that there is a lot of value in the brand. So I wrote to them again—and never heard back. And then I wrote again and never heard back. So what I was looking at that point was when is the domain name going to expire. And about a month before the expiration date for the domain name registration, I started getting all those e-mails from a ton of registrars, “This domain name is just about to expire, would you be willing to do a back order and start this auction to get the domain name?” So what I did was I called my own registrar and I said, “Look, there is this domain name, TRADEMARKFACTORY.COM that’s going to become available. I want to make sure that I end up getting it.” And there is this procedure that allows you to back-order, so I did that and in order to go through the process of this back-ordering, you’re supposed to give a bid. What’s the maximum amount you are willing to pay to the registrar if there is a bidding war for the domain name. And I said, “$1,500.” And the registrar asked, “Why only $1,500? Isn’t it brand worth more?” So I responded, “Of course, it’s worth a lot more, but $1,500 is what it will cost me to take this domain name through the Uniform Domain Name Resolution Policy from anybody, anybody other than the current owner. So the only person I couldn’t go after was the guy who registered the domain name TRADEMARKFACTORY.COM before I registered my trademark before I started having rights in my trademark. So they were the only ones I couldn’t go after, but by registering my trademark, I became the market of one for them because if they were to sell the domain name to anybody else, could use Uniform Domain Name Resolution Policy to take that domain name from a new buyer very easily. So importantly, again, remember: in order for this to work, the domain name must have been registered in bad faith. So if somebody else has a similar trademark in a completely different industry, you can’t use UDRP against them. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 550 Trademark Factory
How George Clooney Made $1 Billion Using Trademarks? | Trademark Factory® FAQ
 
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How George Clooney Made $1 Billion Using Trademarks? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com I don't know if you've heard about it but five years ago George Clooney and his partner came up with the idea of launching a tequila brand. And the first thing they did, the very first thing they did, is they gave it a name and went out and trademarked it. And then, one year later, after their trademark was already registered, they found a distiller in Mexico to actually manufacture the drink. As you know, George Clooney is an actor. He's not a professional manufacturer of liqueurs. So, they found a distiller in Mexico to actually make the drink. And the drink became somewhat of a success. And they were selling it, and selling it, and selling it until early this year. They sold the brand to Diageo, which is the biggest liquor company in the world. They sold their brand for one billion dollars. That's absolutely amazing, really. They practically printed a billion dollars out of thin air. And if you think to yourself, well, of course, it's George Clooney. Think again. I assure you that it would have cost Diageo less than a billion dollars to hire Mr. Clooney to advertise all of their other drinks, all of their existing lines, and all of their existing brands. Instead, they paid him a billion dollars to acquire his brand. And there was something more tangible than just his face or his name or his fame. So, there's a lesson there. He could only sell his brand and make so much money out of it because he properly protected at the very beginning. Before anybody saw a bottle on the shelf, before he announced it, the first thing they did is they trademarked the name so nobody can take it. And then, they figured out a way to build a product around it. And then, they figured out a way to monetize the brand. Very smart way to utilize a brand. Very smart way to monetize a brand. So, thank you, George Clooney, for this amazing lesson. And, for everyone out there, the lesson here is not for you to start coming up with new names for Tequila brands and trying to sell them to Diageo. The lesson here is that the brand has massive value if you take the right steps to protect it and build something around it. So use this lesson from George Clooney in your business. Build a brand. Be legendary. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 165 Trademark Factory
Are Dead Trademarks a Problem? | Trademark Factory® FAQ
 
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Are Dead Trademarks a Problem? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com And the answer to this question is most likely no. A dead trademark is a trademark that once was registered or once was applied for, but then it was abandoned or canceled by the Trademarks Office. So the Trademarks Office won't cite that trademark if you file a trademark application that is even identical to that other dead trademark. The only risk is that the company that used to have that trademark is still in business, they’re still using that brand and they would have what’s called a common-law right to go after you if you decide to take that brand away from them. The likelihood of that is very small. Basically, the idea is this: if they didn't bother to protect their brand from being canceled or being abandoned, it's very unlikely that they are going to spend a lot more money to oppose your trademark after the Trademarks Office approves it. Because again, the Trademarks Office is going disregard the dead mark, and they are going to approve your mark. They are going to publish it for the opposition and really the only way for the owner of the dead trademark to go after you would be through the opposition proceedings or in court. And it is very unlikely that somebody who didn't want to spend just a little bit of money to take their trademarks from dead to live, will go after you and spend 10 times, 50 or 100 times more money, to accomplish pretty much the same task. But this can happen. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 935 Trademark Factory
If I Register My Trademark, Does It Mean No One Can Use It? | Trademark Factory® FAQ
 
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If I Register My Trademark, Does It Mean No One Can Use It? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com So the general answer to that is yes but there are four exceptions and each of them would cover one word: Can't use my trademark. Can't really means one thing. Would it be legal or would it be not legal? There are people - surprise, surprise! who would do things that are illegal. So just because it's illegal for them to use your trademark doesn't mean that they won't do it. What it means is that if they do it, you would have legal recourse to go after them. So just because you registered your trademark doesn't mean that automatically everybody else would never even consider breaking the law and infringing on your mark. Second word: use. What does use actually mean? So, use has a very specific meaning in the trademark world and it means offering your product or service under that brand to the public or for services it's also advertising that brand. So simply mentioning the name of your startup in a news post or a Facebook post or a Twitter post does not constitute use for trademark purposes. So again, just because you trademarked your brand doesn't mean that you can now silence everybody into never mentioning it as part of their conversation. As long as they are not trying to sell your product or a competing product under your brand, that's not used. The third word is mine. What is your trademark, really? And this boils down to the products and services under which you trademark your brand. You may remember one of the previous videos where I said that trademarks don't give you a monopoly over words, images, or phrases themselves. What a trademark gives you is a monopoly over the mental link between those words, images, and phrases and specific products and services that you use your trademark for. So if you have a business and you, let's say, are a software company and you come up with a brilliant name for it, it doesn't mean that somebody who sells bananas can't use the same name. So they're not using your trademark because your trademark only covers a particular set of industries that you have in your trademark application, maybe a few related ones, but it doesn't cover everything. And finally, the fourth word is a trademark. So, your trademark is national, so if you only have your Canadian trademark, your Canadian trademark stops in Canada. So somebody who is using the same brand in France is not using your trademark. Your trademark does not exist in France. So, does registering my trademark make it easier for me to stop my competitors from using my brand for advertising their stuff? And the simple answer to this question is, of course, yes. But take through the prism of Can’t Use My Trademark, the four exceptions. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 870 Trademark Factory
Trademarking Words in a Fancy Font ? | Trademark Factory® FAQ
 
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Trademarking Words in a Fancy Font? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com If you have a brand that a name or a phrase written in a fancy font, how should you go about trademarking that? Should you file it as a word mark? Should you file it as a design mark? Maybe you should do both? So the benefit of filing your trademark application as a word mark is that it allows you to protect that word or that phrase regardless of how it’s designed. It can be any color, any font, any placement, whether you have certain words at the top, certain words at the bottom or they’re all horizontal—it does not matter. The wordmark protects the literal element, the words themselves. The design mark protects the design, the font. It does indirectly protect the words that are used in that brand. However, the more original the design of the letters and the words, the more important is to protect the design as well. And here is why. Think of Coca-Cola’s script. If somebody came up with a completely different name but wrote it in Coca-Cola’s script, it would still be confusingly similar, people would still think that the product comes from them, especially if it’s in the same industry. So that’s why the more original the script, the more important it is to protect the design part. And if both the name and the design are really original—and again, Coca-Cola is a good example of it—you want to file this as two separate trademarks: one would be the word mark, one would be the design mark. So the bottom line is, you look at what is the thing that you want to make sure that you own and can stop your competition from using to confuse your potential market to buy from them as opposed to from you. If it‘s just a word and you have a relatively standard font, don’t necessarily bother with protecting the logo. If you have a super interesting writing, and the words themselves are not as original, you may get away with just a logo. But usually if your script is more than just a standard font that you can find on your computer, and your name is relatively distinctive, so people can remember, you want to file it as two separate trademarks. One will be just the words and the other will be just the design. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 325 Trademark Factory
5 Things You Should Never Say About Your Brand | Trademark Factory® FAQ
 
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5 Things You Should Never Say About Your Brand Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com Here's my list of five things you never want to say about your brand, in no particular order. Number one, you don't want to say this, "You see, we took the name of our competitor, changed a couple of letters here and there. Kind of clever, right?" Here's why you don't want to say that. In the best case scenario, you're going to end up with a brand that's too close to somebody else's so the value of the brand which you're building will be very low. In the worst case scenario, you're going to find yourself in the middle of a very expensive and unnecessary litigation. So don't be clever trying to take a free ride on your competitor's trademarks. Come up with your own. Here's number two. What you don't want to say is, "Search engine optimization is very important to us. We need to be on page one of Google for the kind of services and products that we sell, so we picked one of these generic keywords as the name of our business." There's a huge difference between SEO, search engine optimization, and brands and trademarks. You cannot trademark something that's generic. You can't trademark something that's merely descriptive, that simply tells the world about the features or benefits of your products and services, because trademarks are not designed to give you the monopoly over your products and services. Trademarks are designed to give you the monopoly over the name or the logo or the taglines, so something that allows people to identify your products and services apart from everybody else's identical or similar products and services. If you are an Indian restaurant in Vancouver, as much as you'd like to be on page one of Google with Vancouver Indian Restaurant, don't call your restaurant Vancouver Indian Restaurant because that's the name you will never be able to own. Thing number three you don't ever want to say, "I'm glad I didn't waste money on trademarking. My business went bust, anyway." Well, this is kind of self-explanatory. Very few businesses have any value left in their brand after their business dies. The rare exceptions are the likes of Polaroid and Kodak where IR release is the only thing left after the business went bust. Nobody starts their business hoping to fail, and I hope it never happens to you, but making your decision about whether or not it's a good idea to trademark your brand based on the risk that your business may go bust is insane. Because, yeah, of course, there's always a risk that something might not work out and that your business will go bust, you still have to protect your brand. Here's my number four, and a lot of litigation lawyers hear that. It goes something like this: "I came up with the idea for that name first, but." With trademarks, it doesn't matter who came up with the idea first. What matters is who put that name out to the market first? Who builds that website where people could see the brand? Who started selling products under that brand? Who started advertising services under that brand? Doesn't matter that you were the first to register that domain name. Until there's a way for the public to consume your products and services under that brand, you don't own that brand. Outside of North America, it's not even about who started using it first. It's who first went to the trademark's office and applied to register their trademark because they don't recognize first. Usually, they recognize only registered trademarks. Last, but not least, and that's the one that pisses me off more than anything else, that's the phrase you never want to leave your mouth. It goes like this: "And who's going to deal my brand?" Look, if you're building a business and you think that your brand is not worth stealing, it means one of the three things: Either you have the wrong brand, you have the wrong business, or probably both. If you think your brand is good enough, go and trademark it. If you don't think your brand is good enough, pick a different brand. Find something that you will feel strongly about. So strong that you would know that you're trying to build a legacy, and that's what you want to protect. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 412 Trademark Factory
The Deadly Danger of Low Trademark Filing Fees
 
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Choosing a trademarking firm by looking for the lowest filing fee will likely be a very costly mistake. It's not that shopping on price is dangerous. It's that shopping for price without understanding what's included in the price is dangerous. Watch this video, and discover one of the most common ripoffs that law firms and online trademark filing companies are using to lure business owners in with low trademark filing fees...
Просмотров: 742 Trademark Factory
Can You Trademark Book Titles? | Trademark Factory® FAQ
 
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Can You Trademark Book Titles? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com And the answer that is, in the U.S., you CAN’T unless it is a title of a series of books. So if you have more than one book coming out in a series that’s joined with a single title, then that umbrella title can be trademarked. But you CAN’T trademark the name of one single book. In Canada, however, there is no such limitation. And even if you have one book, that CAN be trademarked. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 390 Trademark Factory
Trademarks vs  Trade Names | Trademark Factory® FAQ
 
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Trademarks vs Trade Names Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com What is the difference between trademarks and trade names, or company names? Trade names, or company names, are designed to identify the company, the business. They are designed to identify YOU. Whereas trademarks are designed to identify a product or a service. And there is a big, big difference. So a trade name, or a company name, protect the name of the company no matter what the company does, and in most countries, if you register a company name, that business can do anything. So if you are a software company, it does not mean that you can’t sell balloons, or pens, or refrigerators, or offer some services under that same legal name. However, it is very different from trademarks where trademarks are registered in association with particular products and services. Remember, the function of a trademark is to let the market tell your products and services apart from identical products and services or similar products and services of everyone else. It does not mean that trademarks are designed to protect the company name. It does not mean that you can’t protect a company name through a trademark. But it has to be a name that the company is using AS their trademark. So for example, Microsoft, they get the protection for their company name not because it is their company name, but because that’s part of the product name Microsoft Windows, Microsoft this. Microsoft that. And also because they are providing services under that name—and that’s what trademarks protect. So trade names, or company names, there is nothing that prevents you from having one name for a company and completely different product names or service names that you can get as a trademark. So when you incorporate your business, just because you’re able to register your company where a particular name, it does not mean that you now have a trademark. It doesn’t mean that the name is protected. It doesn’t mean that you’re done. These are two completely separate areas of government who look at it. The Trademarks Office is separate from the Corporate Office. So make sure that if your names, brand names, if they’re valuable to you, that you register them as a trademark and don’t rely solely on the registration of your company name. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 1706 Trademark Factory
Can I trademark dictionary words? | Trademark Factory® FAQ
 
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Can I trademark dictionary words? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com And the answer to that question is, yes, as long as you are not trying to register as a trademark the words that describe what it is that you do. So Apple is a registered trademark, but Apple did not get the trademark for apples. They got their trademark for stuff related to computers. Same thing with Windows. Windows is a dictionary word, but they are not in the business of selling windows, they are in the business of selling software. Likewise, you can't trademark the word Chair if you’re selling chairs, but you can easily register the trademark Chair if you're selling apples. Just because the name is a dictionary word does not necessarily mean that you can’t trademark it. You have to be careful to make sure that the name does not describe, or doesn't point to the specific product or service that you’re using and trying to protect as a trademark. But just because it's found in a dictionary doesn't mean that it can't be trademarked. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 326 Trademark Factory
Can I add products and services to my application after it's been filed? | Trademark Factory® FAQ
 
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Can I add products and services to my application after it's been filed? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com The answer is no. You can narrow down the list, you can take stuff out, you can specify what you already have there to make sure that the trademark examiner understands specifically what it is that you are trying to get your trademarks registered for. But you can't add more. So you should be very careful when you draft your trademark application to make sure that everything that you are currently using your trademark for or is genuinely planning to start using it for in the foreseeable future has been listed in that trademark application. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
Просмотров: 199 Trademark Factory
Dan Lok on trademarking with Trademark Factory®
 
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Dan Lok is an internationally renowned business mentor, an internet marketing authority and a multi-millionaire mentor. Dan has been a mentor to Andrei Mincov. One of Dan's companies also used Trademark Factory® to register trademarks in both Canada and the U.S. Learn of Dan's hiccup with trademarks and of his experience with Trademark Factory®. Check out Dan's website at http://danlok.com And if you have a brand that you want to protect, order your free comprehensive trademark search and registrability opinion at http://freeTMsearch.com
Просмотров: 174 Trademark Factory
How To Register Trademarks In Canada | Andrei Mincov
 
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http://trademarkfactory.ca - A short video about the Canadian Trademark Factory, a service by Mincov Law Corporation that allows business owners to register their trademarks in Canada at a fully predictable all-inclusive rate, with a 100% money-back guarantee covering not only our fees but also the fees you pay to the government. There is simply no better offer on the market, anywhere in the world. Do you have a product or a service that your customers identify by the name, logo or some other characteristic? This is your trademark. The purpose of trademarks, whether registered or unregistered, is to distinguish products and services of one business from products and services of all other businesses. Trademarks are valuable assets. You should protect what's yours. You should also expect others to guard what's theirs. Registration of Trademarks If at least some of your customers find you because of your trademark, you should consider registering it. This is especially so if you ever plan on franchising your business. Registration of trademarks provides many significant benefits to businesses over unregistered (common law) trademarks: -- Registration is federal, and affords the trademark owner with the exclusive right to use the trademark throughout Canada; -- A registered trademark is presumed valid. Certificate of registration is evidence of the ownership of the mark; -- Registration serves as public notice that the owner has a claim to exclusivity of that mark; -- A registered trademark can protect a trademark owner from later becoming disentitled of the trademark due to the adoption of a confusing official mark; -- Registration of a trademark provides additional statutory remedies against trademark infringement and depreciation of the value of goodwill.
Просмотров: 2634 Trademark Factory
5 Movies with Unbelievable Scenes about Trademarks & Intellectual Property | Trademark Factory® FAQ
 
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5 Movies with Unbelievable Scenes about Trademarks and Intellectual Property Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com Before I get into my list, here's a quick disclaimer: I don't own the rights to these five movies. I'm only showing them for educational purposes and for illustrational purposes, really. If you like those movies as I do, get the whole thing, make sure that you own your own copy and watch them. They're amazing movies. Number five in my list is Silicon Valley. This is the scene you never want to find yourself in. This is when you realize you have to go to court and lawyer up to protect your intellectual property. Number four in my list is Social Network. It shows several things. Really, it shows the value of IP. It also shows that worse fights always come as a result of best friendships and it also shows how important it is to properly document everything around who came up with what first and what the mutual expectations are. Number three in my list is The People Versus Larry Flint. I don't want to spoil this for you. Let me just say that it's a scene where Larry came up with an unconventional way of dealing with allegations of defamation and libel made against him. Number two in my list is Flash of Genius. The whole movie is brilliant, and the whole movie's about IP. The scenes that I picked, and what you're gonna see is a few scenes merge into one, show that intellectual property is not just about the money, and it shows you how much people suffer when they see what they've poured their heart and soul into stolen by others. The top of the list is The Founder. A really powerful scene that shows how important the brand is and also how important it is to properly protect the brand. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
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How Do I Cancel Someone Else's Trademarks? | Trademark Factory® FAQ
 
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How Do I Cancel Someone Else's Trademarks? Get Your Free Trademark Search In Canada And USA https://www.trademarkfactory.com Let's say you file a trademark, and you get a response from the trademark's office that your trademark is confusingly similar with somebody else's trademark or if you do a trademark search, and you see that there is another trademark that's similar to yours, and you're wondering, "Is there is anything that can be done to get that other trademark off the register so that it no longer poses a threat?" Yes, there is. There is this process called "trademark cancellation proceedings" that exists in both Canada and U.S. that allows you to request the trademark's office to inquire with the owner of that other trademark to see if they're still around. To see if they're still using the trademark. If they can't prove that in the end of the day, the trademark's office will do what they call "clearing the dead wood", and they will remove that other trademark registration from the register. In Canada, the request to cancel somebody else's trademark can be filed by anybody. It doesn't have to be the trademark owner. Usually if a law firm or a trademarking company is handling those things for trademark applicants, it will be the firm that would file that cancellation request in its own name, in order to protect the identity of their client, because the last thing you want to do is attract the other side's attention to your own trademark application. In Canada you can easily do that. In the U.S., in order to file a petition for cancellation, you have to actually be the trademark holder who believes that the other trademark is damaging to your own trademark rights. So in Canada, all you have to do is ask the trademark's office to issue a notice to the other trademark holder and say, "Please prove that you're still around. Please prove that you're still using the trademark." In the U.S., you have to explain to them why you believe it's a good idea for the trademark's office to make that request. So you have to prove that you have a genuine interest in killing that other trademark. To get this whole process running, you have to have a genuine belief that the other trademark is not currently being used by the registered owner. The reason for that is simple. You're not supposed to use the system to just bother trademark owners right and left unless you genuinely believe that they've abandoned their trademark, that they're no longer using them. Unless you're pretty confident that the trademark owner is not around anymore, you can only go after trademarks that have not been used consecutively for three or more years. The reason for that is that in both Canada and the U.S., a trademark will not be canceled if the owner can show that they used it at any time in the preceding three years. One of the questions we get about cancellation proceedings from our clients, for example, file their trademark and we got a response and office actions citing somebody else's trademark and when we're discussing the strategy of what to do about it, one option is, "Let's try to respond to the office action and overcome it by saying that really the two trademarks are not too close. They're not too similar. They're not confusingly similar. The other option is to see if we can kill the other trademark through cancellation proceedings." The reason cancellation proceedings is a better option is because when the other trademark is no longer a threat, your trademark will get stronger protection because you won't have to narrow it down to explain to the trademark's office how there is no overlap between the two. When the other trademark is no longer around, you don't have to narrow it down. You don't have to cut corners. You don't have to show that ... Yeah, you only want your trademark to cover you this far, you don't have to worry about the overlap. Instead, you actually want to get as broad protection as you humanly possibly can. When the other trademark is no longer there, that's what you can do. So I hope this gives you an idea of when and how you would use cancellation proceedings. Again, don't be mean. Don't go after other people's trademarks if you know that they're still around, if they're still actively using them. But know that this is one of the tools that you can use if somebody else's trademark is in your way and you know that other owners are not there or they're no longer using their brand. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
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How To Protect Your Brand On Amazon? | Trademark Factory® FAQ
 
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How To Protect Your Brand On Amazon? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com If you sell your products on Amazon, making sure that you have a brand that you can enforce, is super important. Because if your product is any good, you will soon notice that there's a lot of people are trying to sell products similar to yours, under a name similar to yours. That's precisely what trademarks are for. That's what gives you the ability to stop others to sell products and services that would confuse potential buyers into believing that they're buying your products from you. And instead, they're buying something else from somebody else. There are two avenues that you can take to enforce your rights, enforce your brand on Amazon. But both rely on you having a proper trademark. The first avenue is very simple. You just fill out the form on their website. It's called a Trademark Infringement Form, where you claim that some other listing is for a product that's in the same niche as yours, the same category, and it has a name similar to yours. It doesn't have to be identical, but if it's similar enough to cause confusion, you should fill out that form and let Amazon know that you're not happy. Another option is called Amazon Brand Registry and they've just launched a new version of that. This allows brand owners to proactively enforce their rights and stop their competition from putting in their products under similar names and thus competing with you. What you must have to use both these systems is a registered trademark for the name of the brand, not just the logo. And it has to be a registered trademark. You can't go to them and say, "Well, I've been in business. I've been selling this product for five years." They won't enforce it. It doesn't mean you can't do anything about it with your unregistered trademark, but you have to use the court system. If you want Amazon to help you, you have to have your brand trademarked properly. You have to have it registered, and it has to be a name, especially for the Amazon Brand Registry. All they care about is whether you have a ward mark for the brand name. That's how they can help you enforce your brand proactively against new sellers who might use a similar name. They'll just stop them. What you don't want is bad reviews about a product that's not even yours, but that a lot of potential buyers are going to treat as a review about your product. So you've got a good quality product on Amazon, you have to be very careful about making sure that look-a-likes, sound-a-likes, and just plain ripoffs don't result in a lot of bad reviews that people will attribute to your product. That's why you want to be able to use the tools that Amazon provides. And look, I've heard stories about Amazon not being extremely efficient about shutting down those infringing products. Yeah, I've heard that, but it's still better than the court system. It's still faster. What you want to do is to make sure that you register your brand, as a trademark, and that you register it with Amazon Brand Registry. And that, as soon as you see that, for example, your sales drop right away. That might be a sign that there's a competitor who's selling your products or something very similar to your products, under a similar name, probably for a cheaper price, probably at an inferior quality. Make sure you watch that and if you catch them, fill out the form. Fill out the Trademark Infringement Form, or notify Amazon otherwise that your brand, that is a proper trademark, has been infringed. If you have a product on Amazon, and you don't have the name trademarked, well, I think that should be one of the first things you do after you watch this video. You have to get your brand trademarked, plain and simple. The cost of getting a trademark is minimal, is nominal, compared to what you're going to lose if you got competitors selling a similar product under a name that's similar to yours, plain and simple. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
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Should I Register My Trademarks?
 
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Discover 3 situations when you should definitely register your trademarks.
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Kick-Ass Brands Show - Ep. 06 - Isabelle Mercier
 
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Andrei Mincov of Trademark Factory® interviews Isabelle Mercier of LeapZone Strategies and Build To Rock for Kick-Ass Brands Show
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When Should I Trademark My Logo? | Trademark Factory® FAQ
 
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When Should I Trademark My Logo? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com Most businesses have a logo. The question is, when is a good time to get it trademarked and which businesses should bother trademarking their logos and which shouldn’t. The short answer to this question is found in our own tagline, “If It’s Worth Promoting, It’s Worth Protecting®.” If you are spending a lot of money trying to make sure that your logo is recognized by a lot of people, it means you value it enough. And if you value it enough, then you should value it enough to make sure that you can protect it. So that the short answer. The longer answer is, different types of businesses do different things with their logos. So if your customers, if your buyers, if your clients, your patients, your guests, however you call people who allow your business to carry on, who give you the money in exchange for the products and services that you offer—if they come into contact with your brand, with your logo, before they buy, if they recognize it physically, then it is very important to protect the logo. That’s why it’s so important for brick-and-mortar businesses that have street signs to protect their logos because really, that’s what customers see. They walk down the street and they see a street sign with a recognizable logo, and they say, “Oh, I remember seeing this, I remember seeing this in the ad.” So they go and buy from you. So if you have a brick-and-mortar business that has a recognizable logo and you display it on street signs, that’s a great candidate for getting it trademarked right away. Another one is for icons that are often shared online. That’s why it is so important for all the social media brands to get their logos trademarked. Because people click on them. So something that’s clickable, something that people touch before they interact with the product or the service—that’s super important. For some other types of businesses, it might be less important. So for example, if you’re an accounting firm and most of your business is done by word-of-mouth and referrals, and people just know you personally, and you just happened to have a logo, that logo is not going to make or break your business because few people actually recognize it because they don’t see it in the ads, they don’t see it on TV or newspaper. So be reasonable. If people see your logo all the time, if that’s how you build your brand recognition, by all means, go and protect it. But if the only place where people see your logo are the business cards, this is less important. I am not saying don’t do it. If you believe in your brand, if you believe that you can build this into something bigger, that at some point you will be advertising, maybe you’re going to build products that people will recognize through the logo—by all means, get them trademarked. It’s the right thing to do. But if you are having to choose whether or not it’s the right time to do it, these are the consideration you should have in mind. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
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Should I trademark my #hashtags? | Trademark Factory® FAQ
 
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Should I trademark my #hashtags? Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com And the answer is, it depends. And I hate giving this answer because it really doesn't answer anything, so let me elaborate a little bit. The important thing is why are you thinking about protecting your hashtags? And if your answer is that you will be able to stop other people from using it on Twitter or on Facebook, then it won't work because the use of the hashtag is not regulated by trademark laws. It's like I can use any brand name as an example or in a book describing anything about that brand. So, when I say I love to eat at McDonald’s, McDonald’s can't sue me for using their trademark. Even if I say I don't like to eat at McDonald's, they still won't be able to sue me for using their trademark. It’s not a trademark infringement. So even if you trademark a hashtag, you wouldn't be able to stop people from saying good or bad things about your brand. But in certain cases, it does make sense to trademark your hashtag if the hashtag is how people know about you, what they think about when they are thinking of you. So if you've developed a hashtag that everybody associates you with, then that would be a good idea to trademark. But again, don't trademark it simply because you think that you'll be able to write a letter to Twitter and say, Oh you know what, these people are saying bad things about my brand and that's my trademark. That's not gonna work. ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
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Canadian Trademark Law Amendments 2017
 
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Canadian Trademark Law Amendments 2017 Secure Your Brand with Trademark Factory® Risk-Free, Guaranteed. https://www.trademarkfactory.com In this video, I will talk about major amendments that are about to significantly change Canadian trademark laws. It’s been a very long wait. For years, Canada has remained one of the few civilized countries that are not a party to the international treaty that allows business owners to file what is typically called international trademark applications. What this means is that companies based outside Canada cannot protect their brands in Canada through a centralized international filing and, up to this day, have had to resort to using Canadian trademark agents to file their trademark applications in Canada directly. What this also means is that Canadian businesses that target worldwide markets cannot take advantage of the international filing system either. Up to this day, they either have to set up operations in a different country (typically, by incorporating a separate company in the U.S.), or file dozens of trademark applications, with their legal bills for trademarking going through the roof. So in this video, I will not go through all little changes. I’m only going to cover those that actually matter to business owners and their branding strategy. As I mentioned before, a lot of public comments come from big law firms, so don’t be surprised that a lot of them are negative. In fact, most of these changes are going to make the lives of business owners, in and out of Canada, much easier when it comes to trademarking. The new system will make it easier for brand owners to protect their brands. Instead of complaining how much more difficult it would be for you to protect your brand WITHOUT using the system that’s specifically designed to help you do just that, USE the system and protect one of your most valuable assets. But having said that, now may be the perfect time to go for registration of your trademarks—before the government fees skyrocket and the term of protection is shortened. And once the Regulations are in force, consider seeking international protection through the international treaty that Canada is finally joining! It will be very exciting times for trademark owners. Are you going to be a part of this? ----------------------------------- Trademark Factory® resources: ★ Website: https://trademarkfactory.com ★ ☆ YouTube Channel: https://youtube.com/trademarkfactory.com ☆ ★ Facebook Page: https://facebook.com/thetrademarkfactory ★ ☆ Twitter: https://twitter.com/realTMfactory ☆ ★ Kick-Ass Brands Show: http://kickassbrandsshow.com ★ ☆ Kick-Ass Brands Facebook Group: https://www.facebook.com/groups/kickassbrands ☆
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