Protecting Your Brand - The Trademark Registration Process

What is a trademark?

Trademark protects a word, a series of words, a logo or a logo and words that together serve to identify your heart-leading enterprise. Unlike Copyright, trademark protection is not automatic. Instead, you must register with your jurisdiction’s intellectual property office. 

How do I get one?

Registering for trademark protection isn’t always easy. Start out by asking yourself: would I benefit from trademark registration? If you’re simply not attached to your logo or business name or if you’re not yet sure about what your enterprise will offer, you may decide to wait. And that’s totally cool. If that’s not the case and depending on your jurisdiction, the following steps outline what the registry will generally ask of you:

1. First, search your business name online at your jurisdiction’s trademark registry and on google.  
2. If your search comes up clear, see step 3. If your business name already exists, but is used in a different industry or for a different purpose than yours, you may still be okay.
3. Otherwise, you’ll have to pivot and think of a new name. Get those creative juices flowing - we know you got ‘em! 
4. Begin registration. To start, you’ll want to describe the intended use of your trademark without going too broad or too narrow. To hit that sweet spot, really take the time to realistically  envision the types of services and products your business will deliver. You want to show the registry that, while you’re super passionate and ready to take over the world with your awesome business, your business is focused and  you’re a real entrepreneur who is serious about protecting your brand. 
5. Date of first use: Before you hit the submit button, you’ll want to include proof of the date you first used your logo for commercial purposes. Evidence can be in the form of an invoice, an email, a letter etc.
6. Submit! 

After you hit that submit button, the registry will take 12-18 months to conduct a full search, to publish your name in the ™ catalogue, and to honor any disputes that may arise. However, when you receive your trademark protection at the end of this process, the protection will work retroactively to cover anything arising in those 12-18 months. 

What can I do in the meantime?

If you’re thinking about registering for trademark protection, you’re being proactive, which is really the goal here. By registering, not only are you claiming your logo or business name, but you’re preparing in case you are challenged on its ownership down the road. If you are challenged, your best evidence is a registration with a narrow intended use plus proof of date of first use. We LOVE helping heart-leading entrepreneurs get their names and logos trademarked. Let us make this process simple and pain-free for you. Drop us a line at holler@consciouscounsel.ca for more information.

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