With new ideas and brands surfacing all of the time, it is important that creators have a way to protect their work and maintain an emblem that is unique and cannot be replicated.
Trademarks and Patents both work to protect different kinds of new creations, each with their own legal rights.
A trademark protects things like symbols, designs, words, colors, and logos that have been created to identify goods or services. In order to claim trademark rights, your logo or design must be new and distinctive, and not too similar to any other mark that is already being used.
A trademark is most often marked by either a “TM” or an “R” in a circle symbol to indicate that the creator is claiming rights over the mark. A trademark does not have to be registered and can simply be marked with the “TM” to indicate some level of claim over the mark. However, to fully protect a logo or trade name from being registered or used by others, it is best to apply to register it yourself, and be able to use the “R” in a circle symbol. Once a trademark has been registered, it will be protected for 10 years, and then you can continue to renew it every 10 years going forward.
Some examples of trademarks include the Lululemon logo, the Nike “Just do it.” phrase, and the color Tiffany Blue, used by the jewelry brand Tiffany & Co.
If you are intending to make use of your own logo or phrase to distinguish your goods or services, consider using the “TM” symbol or register your mark to use the “R” in a circle symbol. The use of a trademark will be the key to protecting your unique identity and will allow consumers to recognize your brand.
A patent is another way of protecting your ideas, however, it is used to protect new inventions rather than logos or other marks. A patent works to protect new creations and ideas that are both useful and innovative. The invention can be brand new, or a substantial and notable update to an existing process or product.
Obtaining a patent will help to protect inventions from being copied, made, or used by others without the permission of the creator. Patenting also allows the creator to generate a greater profit on their product because they are essentially preventing their useful invention from being replicated by anyone else, allowing the original creator to reap all the benefits. In other words, if someone wants your product, they will have to get it from you.
Unlike a trademark, a patent cannot be used or claimed without being registered. In order to patent your work, you must submit an application. In Canada, patents last for 20 years before needing to be renewed. Some examples of patents include Bluetooth technology, the Titleist Pro V1 golf ball, and the formula for Coca-Cola.
If you have a new invention, logo or design, reach out to our corporate/IP lawyers at Barriston Law for further guidance on how to protect your ideas and gain exclusive rights to them.
Written by Izabella Johnston and Pamela Heary