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Transcript of Trademarks
A court case
The PROS and CONS
The benefits of registering a trademark include:
On Tuesday, March 23, 2010, the European court of Justice ruled that Google has not violated any trademark laws by selling brand-name keywords to advertisers. However, the advertisements must be removed immediately if they are caught being used for selling fake goods.
Once trademarked, the respective individual/company will have exclusive rights to use the trademark for 15 years. When it is about to expire, the CIPO will give notice to the owner and provide them with a chance to renew their trademark with a fee of $450.
If a trademark is not renewed after 15 years, the owner will lose his rights to it, in which case someone else or the owner himself could potentially use a brand new application to register it again.
To register a trademark…
What exactly ARE...
...let's find out!
A trademark is a
symbol, name or phrase that individuals/companies use to distinguish themselves and their products from the rest.
EXAMPLES OF THIS INCLUDE:
File an application.
By: Lisa Liu
Thank you for watching!
In the application, you should include...
A drawing of the trademark and a statement of its intended use as well as the products/services associated with it.
There is a choice of filing your application on-line through the CIPO (Canadian Intellectual Property Office) website, or manually by filling out a form and sending it to the Trademarks office. As well, it is recommended that you hire a trademark agent to help you, as they will ensure that your application is done properly.
Along with the application, you must pay
a $250 registration fee, which cannot be refunded. As well, once you have successfully registered your trademark, a payment of $200 for a certificate of registration is also required.
don't forget that
you still have to pay your agent!
Allow some time for the Trademarks office to look over your application and make sure that all the requirements are met under the Trademarks Act.
During this time, a third-party can also have the opportunity to challenge your application. To do this, they must file a statement of opposition and provide evidence to back up their claim. The Trademarks office will take this into consideration and then decide whether or not they will accept your application.
If your application is accepted, the Trademarks office will give you a certificate of registration and your trademark will be registered. However, from filling out the application to finally having the Trademarks office accept it can be a long process, and it may take at least a year.
Registering a trademark can be beneficial,
but there are drawbacks to it as well.
Therefore, let's explore its pros and cons here.
-Exclusive use of the trademark within the country.
-Nationwide recognition of your claim to the trademark.
-The right to take legal action when dealing with infringement.
-A better chance of proving yourself in court.
-The freedom of selling or licensing it to others if you wish to.
The drawbacks of registering a trademark are:
-It is costly to register and then renew the trademark every several years.
-The design of the trademark is permanent, so it you want to change it,
you may have to file a brand new application.
-The registering process is complicated, and if it is not done properly, your
application could become invalid.
In Spring of 2010, The seven-years' battle between Google and LMVH Group (Owner of Louis Vuitton) finally ended with the victory of Google.
In 2003, LMVH Group filed a lawsuit claiming
that it was unjust for Google to sell trademarks as keywords for the search engine. They won an initial victory in the French courts in 2005, causing Google to pay over $400,000 USD for trademark infringement. After this, however, Google brought the case to the EU's highest courts where, five years later, a ruling was made to Google's favor.
LMVH's main argument was that counterfeiters could potentially use the Louis Vuitton trademark to sell fake goods to customers. They argued that it was illegal for Google to allow third-parties to use their brand name to trigger advertisements and make a profit at their expense.
Every year, Google makes billions of dollars from letting businesses display ads on the side of search results. To retain this profit, Google fought to show that allowing advertisers to buy keywords that match brand names is valid under trademark law.