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Videos uploaded by user “Trademark Factory”
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
Views: 135692 Trademark Factory
What Is An Acceptable Specimen of Use? | Trademark Factory® FAQ
 
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What Is An Acceptable Specimen of Use? Get Your Free Trademark Search In Canada And USA 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 2459 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? Get Your Free Trademark Search In Canada And USA 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 1846 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 Get Your Free Trademark Search In Canada And USA 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 10509 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? Get Your Free Trademark Search In Canada And USA 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 925 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? Get Your Free Trademark Search In Canada And USA 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 you 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 697 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.
Views: 1143 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? Get Your Free Trademark Search In Canada And USA 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 value of your brand by how much you paid to get it designed. The value of your brand is measured in 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—surprise, surprise!&mdash, 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 them. It could be 5 dollars, or 5 thousand dollars, or 5 million dollars. The value is not measured in 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 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 449 Trademark Factory
What Is Madrid Protocol ? | Trademark Factory® FAQ
 
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What Is Madrid Protocol ? Get Your Free Trademark Search In Canada And USA 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, 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, 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 1694 Trademark Factory
3 Most Important Benefits of Registering Trademarks | Trademark Factory® FAQ
 
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3 Most Important Benefits of Registering Trademarks Get Your Free Trademark Search In Canada And USA 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 have 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 679 Trademark Factory
Look Alike and Sound Alike Trademarks | Trademark Factory® FAQ
 
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Look Alike and Sound Alike Trademarks Get Your Free Trademark Search In Canada And USA 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, 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 484 Trademark Factory
How Are Service Marks Different From Trademarks? | Trademark Factory® FAQ
 
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How Are Service Marks Different From Trademarks? Get Your Free Trademark Search In Canada And USA 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 382 Trademark Factory
Introduction to Trademarks - Part 2 - Trademarks vs. Trade Names | 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. Trade Names First of all, trademarks serve a very different purpose from trade names. Trade names are used to identify a business or a company (that's why they are also often called "business names" or "company names"). Trade names are the "who" of the business. Customers deal with a business bearing a particular trade name. As stated above, trademarks are used to identify products or services. They are used to identify that, which your business offers to the public. Customers buy products and services bearing the trademark. In very simplistic terms, customers buy trademarks from trade names. Every business registered with the Registrar of Companies or incorporated (provincially or federally) has a trade name. But neither the reservation of a corporate name nor the formation of a corporation create an absolute right to use the business name of the corporation in that jurisdiction. Rights in corporate names are treated like rights in unregistered trademarks, which means that unless you are actually known under that name in a specific geographical area, there is not much you can do to stop others from adopting a similar or even identical name. Even if you register a corporate name that no one else had thought of before, it does not give you the right to stop others from using it, unless you can prove that other person's use of the name creates confusion. Just because you came up with a fancy company name that helps you attract customers for whatever products or services you are offering does not mean that your name, or brand, is a trademark. If you are not using your trade name as a trademark, your don't have trademark protection for your trade name. A trade name can be registered as a trademark, but only if you use it as such, that is, to identify products or services. Let's say, your company is called Awesome Software Inc. and you make software. If you phrase your marketing materials to say that "Awesome Software Inc. offers such great titles as Text, Calculator and Presentations", you are using "Awesome Software" as a trade name, but not as a trademark. If you phrase them to say "We offer Awesome Software™ Text, Awesome Software™ Calculator and Awesome Software™ Presentations", then you are using "Awesome Software" as a trademark, even though it is also your trade name. The classic example is, of course, Microsoft® Windows® or Microsoft® Excel®. We don't buy Microsoft, we buy from Microsoft. But because "Microsoft" is a part of the name of the product we buy (and part of the reason why we buy it), it is also protected as a trademark in its own standing. On the other hand, corporate registries don't really check if the name submitted for registration violates any prior rights. In other words, just because a provincial corporate registry approved your company name for registration does not mean that you don't violate someone else's prior right (in a trade name or a trademark) and that you will not be compelled to change it in the future. You could probably register a company called Microsoft Awesome Software Development Inc. in British Columbia today. But if you started using that name in your business, it wouldn't be long before you get a letter from Microsoft's lawyers demanding that you immediately cease using that name and possibly also pay a hefty amount for infringement of their trademarks. So when should you consider registering your trade name as a trademark? There are two types of customers who may be interested in what you have to offer. The customers from the first category buy your services or products after looking for these specific services or products. You would not gain anything with customers from the first category if you register your company name as a trademark. On the other hand, the customers from the second category buy your services or products after looking for you, as in "I've heard that ABC makes great vacuum cleaners, which model would you recommend?" They are willing to rely on your expertise, because they already made the decision to buy from you. If you have a significant number of customers from this category and your business is more than just you personally, you should definitely consider registering your trade name as a trademark.
Views: 1452 Trademark Factory
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? Get Your Free Trademark Search In Canada And USA 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 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 servies 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 318 Trademark Factory
What Is a License Agreement? | Trademark Factory® FAQ
 
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What Is a License Agreement? Get Your Free Trademark Search In Canada And USA 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 481 Trademark Factory
Why Trademark Factory® is the best way to register trademarks in Canada and the U.S.
 
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It feels amazing to know that you own your brand. This is what separates successful business owners from those who are not serious about their business. Once you know that you CAN and that you SHOULD register your trademarks, the final step is to figure out HOW to do it. I created the Trademark Factory® to make this the easiest question for you to answer. Yes, we have years and years of experience filing trademark applications in Canada and the U.S. Yes, we know all the right strategies and all the right things to look out for. But that’s what every other law firm will tell you. You see, I’m very passionate about protecting intellectual property. It’s my mission to help business owners, big and small, protect their ideas and cover their assets. When I started my firm, I saw that there were only three options available to business owners. They could file their trademarks themselves. This is an option for those who want to be their own accountants, mechanics and dentists. Aside from the issue that it’s easy to do it wrong, is it really the best use of your time to file your own trademarks? The other option was to use a typical law firm. They will do everything right. But you won’t know your budget until the whole process is over, and it usually takes 14 to 18 months. I’ve met dozens of business owners who were lured by low filing fees, but ended up paying 5, 6 or 7 thousand dollars for a single trademark. The third option was to use online trademark filing websites. They have automated the filing process to make it easier for business owners to figure out what should go where. They will file applications based on what you are going to tell them. But guess what? If something goes wrong, and it happens in 75% of the cases, they are going to send you to one of the law firms that they are affiliated with, and those lawyers are going to charge you an arm and a leg to fix your application. That’s NOT the way it should be. There had to be a better way. So I came up with the better way. We are the first and the only firm on the planet that will offer you an ALL-INCLUSIVE package, that will cover the cost of the entire process, from filing to registration at a single, all-inclusive flat fee. If it takes us 3 hours or 300 hours to deal with examiners at the Trademarks office, your price stays the same. The only thing it does not include is opposition proceedings, which happen in less than a half of one percent of cases. When we do a free trademark search for you, we will tell you about registrability of your brand. In most cases, we will be able to offer you our unique 100% money-back guarantee. What this means is, if your trademark does not get approved, you get all of your money back. For many trademarks, we even offer a 100+% money-back guarantee, when you get back not only our fees, but also the government fees. So we refund more than we received from you. We also guarantee that each and every file is reviewed by a registered trademark agent. So it’s not a clerk who does the work to be fixed by real professionals later. We do everything right the first time. We call it the Triple Peace-of-Mind Guarantee™ We also have two other packages that are less expensive and that are more like what all other law firms offer. They are a combination of a flat fee for filing and hourly rates for doing everything else. Many startups say that trademarking is expensive. I’ll tell you what’s expensive. Rebranding is expensive, losing your brand is expensive, litigating is expensive, advertising is expensive, trade shows are expensive, wasting your time on unproductive activities is expensive. Trademarking is not expensive. You will learn more about our packages when we walk you through your trademark search results. You can also see the comparison of our packages by clicking at the chart below. But let me say one thing. I never intended to create the cheapest offer on the market. What I did is I created the best offer on the market for business owners who are serious about protecting their brands. If you want to make sure that your trademark is handled by trademark professionals who know what they’re doing, have a perfectly predictable budget, and a money-back guarantee, the Trademark Factory® is not just your best choice. It’s your only choice. Below on this page, you can read and watch many testimonials from our happy clients. But you know what the best testimonial for our services is? It’s the number of business owners who come back to us for more and more trademarks. This means the world to me. We love our customers, and I look forward to seeing you among them!
Views: 500 Trademark Factory
Introduction to Trademarks - Part 4 - 2 Limitations of Trademark Protection | 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 don't give an absolute monopoly over words and images There are two substantial limitations to the monopoly that trademarks grant their owners. First of all, trademarks do not exist in a vacuum. They only provide protection in connection with specific products and services that the trademark owner offers to the public. For example, Apple Inc. does not have a monopoly over the use of the word "Apple". Their trademark gives them the right to prevent others from using the word "Apple" in connection with computers and software. However, it does not prevent others from using it in connection with apples, restaurants, cigarettes, candies, gas stations etc. This makes it very important to create a proper connection between the trademark and products and services. If it is your trademark, you want to make sure that it covers all of your products and services. For example, if you're a steakhouse and you are using the trademark "We love animals", you should consider extending your trademark to take-out and delivery services if you offer them. If you are considering whether somebody else's trademark will prevent you from offering your products and services using a particular name or design, you should check for which products and services that other trademark is registered and used. For example, if you are planning to run a daycare using the trademark "We love animals", just because there is a restaurant under the same name, should not be a problem, because the services offered by the daycare and the restaurant are very different. Secondly, the word "use" has a very particular meaning in trademark law. Not every use of a word that constitutes a trademark qualifies as "use" in the legal sense. In connection with products, a trademark is considered to be used if it is placed on the products themselves or on their packaging or if consumers of such products are otherwise made aware of the trademark when they obtain the products. In connection with services, a trademark is considered to be used if it is used or displayed in the performance or advertising of those services. Mentioning a trademark in a blog post does not constitute the use of a trademark, unless the trademark is registered for writing blog posts or similar services. Using your iPhone to make calls does not constitute the use of the iPhone trademark. Moreover, unless you're claiming to be an authorized dealer, you will not be "using" the iPhone trademark if you decide to sell your used iPhone on Craigslist.
Views: 624 Trademark Factory
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? Get Your Free Trademark Search In Canada And USA 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 446 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.
Views: 528 Trademark Factory
Trademarking Words in a Fancy Font ? | Trademark Factory® FAQ
 
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Trademarking Words in a Fancy Font ? Get Your Free Trademark Search In Canada And USA 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 word mark 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 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 255 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? Get Your Free Trademark Search In Canada And USA 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 167 Trademark Factory
What Does Confusingly Similar Mean ?| Trademark Factory® FAQ
 
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What Does Confusingly Similar Mean ? Get Your Free Trademark Search In Canada And USA 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 334 Trademark Factory
Can You Trademark Book Titles? | Trademark Factory® FAQ
 
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Can You Trademark Book Titles? Get Your Free Trademark Search In Canada And USA 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 301 Trademark Factory
Should I Trademark My Name Or My Logo ?| Trademark Factory® FAQ
 
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Should I Trademark My Name Or My Logo ? Get Your Free Trademark Search In Canada And USA https://www.trademarkfactory.com Ideally, you want to trademark them both as two separate trademarks because each would protect different elements of your brand. One would protect the literal part of it, the name, and the other would protect the graphic representation of that name. Usually, we get this question when the client does not have the budget to file two separate trademarks. So here are the considerations for you to decide whether you want to file for the name or the logo. First of all, the question is what kind of logo is this? Is this just the image, the icon, or is it the icon plus the name, or it is just a name in a fancy font? That’s important because if the icon does not contain the name at all, then in 99% of the cases, you want to go with protecting the name, because that's more important. Icons change, logos change, the names usually stay the same. If the logo contains both the icon and the name—that’s called a combined mark. If you only have the budget for one, that’s usually what you want to file for, the combination of the image and the name. If what you have is just the name in some fancy font, usually you’d want to file for the name again because that name would be protected in any font and it will allow you to protect the stylized version and the name itself—whether it’s in Arial font, or Times New Roman font, or whatever fancy font you came up with. Now, the only time you elect to do logo and not the name would be if the registration of the name itself is problematic. So you would use the logo as that added element that would make your brand distinctive, or different, from whatever else has been filed or registered before. So you would have an extra argument that, look, we are not trying to get a monopoly on the name, we understand that there might be some confusion there, that’s why we have a slightly different name but most importantly we have this graphic element that makes this brand trademarkable. So again, if both are perfectly registrable, usually the name is more important than the logo. If the name is not trademarkable or problematic, then you will probably go with the logo. And if you have a very distinctive name and a very distinctive logo but you only have the money to go for one trademark, and our payment plans don’t help you, and you really can’t afford to do two separate trademarks, at that point in time you may want to vote to get the combination. Build the business stronger and then still file two separate trademarks after that. In this case, you’ll end up owning three brands—one would be the combination, the other one would be the word mark, and the third one would be the logo. ----------------------------------- 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
Views: 705 Trademark Factory
What Is The Difference Between a TM and an R in a Circle Symbols | Trademark Factory® FAQ
 
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What Is The Difference Between a TM and an R in a Circle Symbols Get Your Free Trademark Search In Canada And USA https://www.trademarkfactory.com A TM (™) means that you think it’s your trademark. You put it next to your brand. TM would signify that you, yourself, think that this brand, this name, this logo, this tagline—whatever it is— is your trademark. The R in a circle (®) means it’s a registered trademark. So you think it’s a trademark and the government agrees. The government agrees that you can use certain laws and certain presumptions embedded in these laws to go after anybody who may want to steal your brand. You can do a lot of things with a TM in countries that recognize unregistered trademarks— again we have a video for that—but an R means it is registered by the government, it’s a registered trademark, unlike the TM which is an unregistered trademark. Sometimes, you can have a registered trademark and still have TM next to it. You are not required to put an R in a circle next to registered trademarks, but you cannot put ® next to unregistered trademarks. ----------------------------------- 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 ★
Views: 1196 Trademark Factory
Supplemental Register | Trademark Factory® FAQ
 
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Supplemental Register Get Your Free Trademark Search In Canada And USA https://www.trademarkfactory.com The U.S. is unique in that it has two levels of trademark registers, whereby pretty much everyone else has a single trademark register and you either get there or you don't. In the U.S., they have the principal register, where everyone wants to go to, and there is also the supplemental trademark register for trademarks that didn't quite make it there. The number one reason your trademark would go to the supplemental trademark register is if the Trademarks Office thinks that your trademark is descriptive, that all it does is it describes a certain feature or characteristic of your product or service, and you can't convince the trademark examiner to accept your arguments why it's actually not descriptive and it should go to the principal trademark register. You may get a feeling that the supplemental trademark register is a place for not-quite trademarks. In a way, it's true, but when your trademark goes to the supplemental register, it's a lot better than not having a trademark at all. I'm going to explain what are the pros, what are the cons. The good thing about the supplemental register is that, first of all, when your trademark gets there, you can still use the 'R' in a circle next to your trademark. 99.9% of the Earth population will never ever know that your trademark is actually done in a supplemental register. They think, "It's a registered trademark. We shouldn't mess with it." The second benefit is that it allows you to bring suits in a Federal court. Again, it allows you to go after people outside of your own state, so you don't have to go to each state and deal with the infringement of your brand on a state level. You can do it on a Federal level. As soon as your trademark is entered to the supplemental register, what it does is it stops everyone else from being able to register the same trademark as theirs. Just as a regular trademark on a principal register, once you apply for it, it bars registration of confusingly similar trademarks to yours. Whether it's on the principal register or the supplemental register, if you're the first there, you got it. It allows you to use that filing with the supplemental register as the basis for filing foreign applications, which is also important if you want to go beyond the U.S. Finally, the last benefit is that trademarks that are applied for in the supplemental register don't have to go through the opposition stage. There is no formal opposition proceedings for trademarks that are filed on a supplemental register. There are some drawbacks for going with the supplemental register compared to the principal. The first drawback is that your trademark registration with a supplemental register does not create a presumption of ownership and validity. One of the biggest benefits for registering trademarks is that you are given the presumption that when you show the trademark certificate to the judge, it is presumed that you own the trademark and that it's a valid trademark. You don't get that with a supplemental register. When, for example, you bring that suit in the Federal court, you still need to prove that this is a trademark and that you own it. The second drawback, which is probably going to be irrelevant for most of you, is that a trademark registration with a supplemental register does not allow you to use border measures. When somebody's trying to import a product bearing that trademark, if it's a trademark that's registered in the principal register, sometimes you can request that the goods that are being brought into the country are stopped. You don't have that luxury with the supplemental register. The last drawback is that a trademark registered on a supplemental register will never become incontestable. We have a video, a separate video, about uncontestable trademarks. With the principal register trademarks, after a certain period of time passes, your trademark becomes uncontestable, which means that even if there was somebody with an unregistered trademark who could have a prior right to claim their rights instead of yours, after that period passes, they can't go after 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 122 Trademark Factory
Are Dead Trademarks a Problem? | Trademark Factory® FAQ
 
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Are Dead Trademarks a Problem? Get Your Free Trademark Search In Canada And USA 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 cancelled 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 cancelled or being abandoned, it's very unlikely that they are going to spend a lot more 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 642 Trademark Factory
How To Protect Your Brand On Amazon? | Trademark Factory® FAQ
 
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How To Protect Your Brand On Amazon? Get Your Free Trademark Search In Canada And USA 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 a 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's 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 an 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 233 Trademark Factory
What Is UDRP Uniform Domain Name Resolution Policy? | Trademark Factory® FAQ
 
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What Is UDRP Uniform Domain Name Resolution Policy? Get Your Free Trademark Search In Canada And USA 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 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 405 Trademark Factory
Should I Claim Color as a Feature of My Trademark? | Trademark Factory® FAQ
 
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Should I Claim Color as a Feature of My Trademark? Get Your Free Trademark Search In Canada And USA https://www.trademarkfactory.com If you have a brand that you associate with specific colors—either the brand itself, a background, or the combination of colors, maybe a pattern, something that has to do with colors—the question is always, “Should we file it in color, should we file it in black and white, or maybe both?” And there are different strategies around this. In one sense, when you claim color, you limit the scope of protection for what the brand itself is. So for example, if you have a name in a specific font and you say, well we want to make sure it is trademarked in green, because that’s how we always use it, then you have less of a protection if someone else uses a similar brand, let’s say in purple. And they will always have an argument saying, “Look, we’re not using the same brand, and it is a different color. These guys have their brand in green and we are a different brand in purple.” The Trademarks Office will allow a smaller difference between the two brands to coexist if you claim color. On the other hand, if green is what the market recognizes you by, then by all means, you need to protect the color itself. And sometimes, what you end up doing—and I know it’s not the perfect solution from the expense perspective, but sometimes it’s the best solution from the protection perspective—is when you register the same brand twice. The first time, you file it claiming color and the second time around—you just file two applications right away—without claiming color. This way you get the best of both worlds. Again, remember, trademarks are not about expenses, trademarks are about protecting your valuable assets. So, don’t try to save a few hundred dollars here and there. Try to build an asset that might end up worth millions. Make sure you do the right thing and just look at it from the perspective of, “Is it a valuable asset that I want to protect?” And if the answer is YES so do whatever it takes to protect it. If the answer is NO, then you don’t need a trademark. But the question then is, why you are building this business with this brand if it has no value? ----------------------------------- 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 ★
Views: 238 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
Views: 99 Trademark Factory
Canadian Trademark Law Amendments 2017
 
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Canadian Trademark Law Amendments 2017 Get Your Free Trademark Search In Canada And USA 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 is 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 in 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 244 Trademark Factory
Do I Need an Agreement with My Logo Designer ? | Trademark Factory® FAQ
 
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Do I Need an Agreement with My Logo Designer ? Get Your Free Trademark Search In Canada And USA https://www.trademarkfactory.com And the answer to that is yes. Even if you got your logo done on Fiverr or any of those logo-design web-sites. You want to make sure that you have something to confirm that you own the image that you’re going to use as your logo. And that is very important. Just because you paid somebody to create something for you, to paint that image or design the logo. doesn’t mean that you own the copyright and other intellectual property in that image. So what that means is that - yes, you paid for it. You have an implied license to use it. But that means that the ownership of that intellectual property still remains with a person who designed it. And they can sell it to your competitor, they can sell it to many of your competitors, or they can use it themselves the way they want to. So, in order for you to get a monopoly on that image, you have to have it in writing. And by the way, your agreement should specifically say that they allow you to register that logo as your trademark. I have published a template, a one-pager that helps you get a proper agreement with a designer who already did the work, you paid them, but you didn’t document it properly. So it's a one-pager and if you go to nicecontracts.com It is the first agreement over there and it’s called After-the-Fact Copyright Assignment. It is a fraction of what I charge to create a customized agreement, but that one I used myself in my own business many times. You just print it off, you explain, you fill out the parties’ names, you describe what content is being assigned over to you and there you go. The other agreement on the same page is called Content Creation Agreement. It is something that you use in advance of somebody creating something for you. And that’s the better option, it’s a more sophisticated agreement that covers a lot more things. It is longer. And the idea behind it is very simple. You won’t convince somebody who already did the work for you to sign a long agreement. They’re just not going to do it. But it’s easy enough usually to get them to sign a one-pager. With somebody who is just about to do something for you, before the money changes hands, you can get them to sign pretty much anything. So that’s the second agreement that you may want to use. It is called Content Creation Agreement. Again, go to nicecontracts.com and get your contract over there. Because it is very important. If you brand becomes a huge, massive value, you want to make sure that you have everything documented properly. And it is not enough for you to file the trademark application, because if your trademark application is based on an image that somebody else has rights to, technically, they can go after you and invalidate your trademark application or trademark registration. So you have to be very careful! ----------------------------------- 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 ★
Views: 142 Trademark Factory
Should I trademark my #hashtags? | Trademark Factory® FAQ
 
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Should I trademark my #hashtags? Get Your Free Trademark Search In Canada And USA 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 you 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 156 Trademark Factory
Can I trademark dictionary words? | Trademark Factory® FAQ
 
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Can I trademark dictionary words? Get Your Free Trademark Search In Canada And USA 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 242 Trademark Factory
Trademarks vs  Trade Names | Trademark Factory® FAQ
 
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Trademarks vs Trade Names Get Your Free Trademark Search In Canada And USA 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, protects 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 1192 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 Get Your Free Trademark Search In Canada And USA 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 build 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 246 Trademark Factory
When Am I Allowed to Put TM Next To My Brand ? | Trademark Factory® FAQ
 
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When Am I Allowed to Put TM Next To My Brand ? Get Your Free Trademark Search In Canada And USA https://www.trademarkfactory.com And the answer to that question is: anytime you please, anytime you want. You don’t have to ask anybody to put the ‘TM' next to your brand. Even if you never plan to register your trademark anywhere, you can still put ‘TM' next to it. What 'TM' means is, “an unregistered trademark, that you yourself think is a trademark”. So TM means, “you think it’s your brand,” you put TM next to it. And the great benefit of that is, most people don’t understand how that symbol works, what it means. So a lot of them would automatically assume that you’ve protected your brand, so put ‘TM' next to it. And then what you want to do is eventually convert that TM into an R in a circle, which is a registered trademark, but that’s going to be a topic of a different video. But again, TM means you think it is a trademark, don’t ask anyone’s permission, don’t wait—put it right there! Oh, and by the way, what I also start noticing is that a lot of brand owners mistakenly put the C in a circle next to their brand, basically saying they own the copyright in that. Copyright is not designed to protect brands. Copyright is for protecting content—and we have a separate video for that, so watch that. But when you put the C in a circle, saying copyright, next to your brand, you’re sending a message to the market that you know nothing about intellectual property and that it’s easy to mess with you. Don’t do that! If you want to put something and you don’t have a registered trademark, put ‘TM'. ----------------------------------- 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 ★
Views: 93 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? Get Your Free Trademark Search In Canada And USA 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 the 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 my. What is your trademark, really? And this boils down to the products and services under which you trademark your brand. You may remember one 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 to 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 593 Trademark Factory
What Are Nice Classes of Goods and Services?  | Trademark Factory® FAQ
 
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What Are Nice Classes of Goods and Services? Get Your Free Trademark Search In Canada And USA https://www.trademarkfactory.com They are pronounced like “niece” for Nice as a city, not like “nice” as in “oh, how nice!” So most countries in the world have adopted a system where they group all possible products and services into 45 categories that they call classes. So there are 34 classes, or categories, of physical products and 11 glasses of services. When you file your trademark application you will need to specify in which of those classes your products or services fit. So when the trademark examiner gets your trademark application, it is easier for them to see how it compares with other previously filed trademark applications or previously registered trademark applications. Up till now, Canada does not officially have this. We are about to join it. It's about to come into force, so they are starting to classify, but it has no legal meaning, as of now. It will very soon; we don't know when. But when it does, it's very likely that Canadian government fees are about to go up because they will be based, as they are in most other countries, on a number of classes, as opposed to now Canada has a single government filing fee, that covers as many products and services you may want to stuff in your 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 ☆ ★ Request your free comprehensive trademark search: http://freeTMsearch.com ★
Views: 355 Trademark Factory