INTELLECTUAL PROPERTY: TRADEMARKS
WHAT IS A TRADEMARK?
It is a company name, logo, slogan, product name, design or combination that identifies and distinguishes the brand from any other.
WHAT IS THE DIFFERENCE BETWEEN TM AND ®
If one claims rights in a mark, may use TM next to the mark to inform the public of the claim. One does not need to have a registered trademark or a pending trademark application to place TM next to the mark.
The symbol ® is placed next to the mark when a trademark is registered in the trademark office. It cannot be used before registration of the mark.
TRADEMARK RIGHTS ARE ESTABLISHED BY:
1. Use of the mark (common law rights) and/or;
2. The filing of the application to register the trademark
PROCESS AT THE TRADEMARK OFFICE:
An application is made to the trademark office. If certain requirements are met, the trademark office then issue the application with a serial number and filing date
The trademark is protected territorially, which means that it is limited to the country in which it is used and/or registered.