Intellectual Property and you – Part 1 – Trademarks

All businesses have a mark to which its goods or services are identified. Marks include trade names, service marks, and trademarks and can be registered as a word, sign, colour, smell or a combination thereof.

Marks are essential for the company as they inform the consumer of the origin of the goods.  This in turn encourages and reassures the consumer of the quality of the goods.

Ownership of a trade mark can occur through use whereby the mark acquires distinctiveness over other marks in a given market(s) or through registration.  The quintessential difference of acquisition lies in the legal remedies which are available to an owner who has registered their mark(s) – registration of a mark serves as an absolute defense to use by any unauthorized person(s).

Registration of marks is highly advised and indeed recommended where a company seeks to introduce its goods in a new market.  Moreover, registration is also highly recommended in the country of manufacture.  Failure to register a mark(s) in the country of manufacture exposes a company to immense risk, to include, but not limited to, prevention by a third party from exporting the company’s goods outside of the country of manufacture.

If you are a manufacturer or producer of goods and services, you should be mindful that your mark identifies your business and relates to the consumer. You should therefore ensure that any person(s) using your mark obtain your consent to do so and further, you should receive royalties (or payment) for the use of your mark. Receipt of royalties increases your bottom-line.

Do not underestimate your mark(s)!

(Marcia B. Moulon, Esq, Law Office of Marcia B Moulon Esq, PC)