Sage-Tips

Should I hire an attorney for trademark?

You should hire a trademark attorney because a skilled and experienced attorney will give you a significantly better chance of securing a trademark registration than if you file a trademark on your own.

What are the advantages of hiring an attorney with trademark registration?

An attorney can conduct an in-depth search to ensure the trademark is not likely to be confused with another existing trademark. An attorney can prepare and file the necessary documents to properly register a trademark. An attorney can also offer advice on the best strategy to protect a trademark.

Can a US attorney file a Canadian trademark application?

With the new act in place, can a US attorney file a Canadian Trademark? Unfortunately, no. Communications regarding the status of a Canadian trademark application will not be sent to a foreign (U.S.) attorney.

Do states have trademark statutes?

Trademarks are governed by both state and federal law. Originally, state common law provided the main source of protection for trademarks.

Is a US trademark valid in Canada?

Are Trademarks in the U.S. protected in Canada? The protection of a registered trademark only extends to the jurisdiction in which it was registered; therefore, if your trademark is registered in the U.S., your trademark would only be protected in the U.S. and not in Canada.

Can a Canadian file a US patent?

Canadian patent agents registered with the United States Patent and Trademark Office (USPTO) can directly file U.S. patents for Canadian applicants. Most Canadian inventors and companies rely on such Canadian patent agents for the preparation and filing of their U.S. patent applications.

What are the 8 elements used to determine infringement of a trademark?

In determining the likelihood of confusion in trademark infringement actions the courts look to these eight factors: the similarity of the conflicting designations; the relatedness or proximity of the two companies’ products or services; strength of the plaintiff’s mark; marketing channels used; the degree of care …

What are not protected by trademark laws?

Trademark law does not protect functional aspects of a product and allows others to use a mark fairly, such as for comparative advertising or other descriptive purposes, so long as such use does not confuse consumers. Trademarks are territorial in nature.