Should I Register My Trademarks?
Just because you CAN get your trademarks registered does not always mean that you SHOULD. Discover 3 situations when you should definitely register your trademarks.
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NARRATOR: Jennifer owns a tanning salon, Megawatt Sun, and she has a question.
JENNIFER: I have created a good name, logo and tagline for my business. So how do I know if I should register them as trademarks?
TRADEMARK FACTORY: Welcome to the Trademark Factory!
JENNIFER: I own a tanning salon, and plan to open another location. I'm not sure if I should register my trademarks
TRADEMARK FACTORY: To decide if it's a good idea to register your trademarks, ask yourself 3 questions.
TRADEMARK FACTORY: The first question is: If your business is forced to change its name, logo, or slogan - will it be worth fighting for?
LOW INTIMIDATING VOICE: Dear business owner. It has come to my client's attention that you have been using my client's trademark MEGAWATT SUN, to offer sun tanning services. My client has been offering these services since 2010 and is the owner of a trademark registration number 12345. I demand that you immediately stop using the name MEGAWATT SUN, remove it from all products, tanning equipment, signage, website, and marketing materials.
JENNIFER: Oh no! Now, I must either stop using the trademark or start a fight. It will cost me at least $20,000 to rebrand
TRADEMARK FACTORY: If it will cost you more than $15,000 to rebrand or if it is likely that you will try to fight for your brand, you should definitely register your trademark because it is a lot simpler and cheaper to fight when you have a registration certificate.
JENNIFER: Oh yeah
TRADEMARK FACTORY: The second question you ask is: If you notice your competitor use your trademarks to advertise their products and services - will it be worth fighting for?
JENNIFER: This is my brand. You can't steal my brand!
TRADEMARK FACTORY: If you ever see yourself taking a competitor to court over trademark infringement, you should definitely register your trademarks because it will be much cheaper and easier to win if you have a registration certificate.
TRADEMARK FACTORY: And finally, ask yourself the third question: Will you get more money for your brand if you decide to sell, franchise, license out, or expand your business throughout Canada?
BUSINESSMAN #1: We want to buy your business. You have developed a great brand.
BUSINESSMAN #2: We will pay a very good price for it.
TRADEMARK FACTORY: If people find you and buy from you because they like you or because you have a nice location on a busy intersection and your name does not go beyond your circle of acquaintances then maybe registration is not for you. But if your brand has value in and of itself, it's a good idea to register it as a trademark.
TRADEMARK FACTORY: Most importantly, you should understand that you don’t need to answer yes to all three questions. If you answer yes to at least one of them, you should definitely consider registering your trademarks as soon as possible.
JENNIFER: Looks like I definitely need to register my trademarks. Can Trademark Factory help me with that?
TRADEMARK FACTORY: Of course. That's why we're here. And we are the only law firm that will help you register your trademarks with a Triple Peace-of-Mind guarantee. Just go to trademark factory dot see ay, fill out the form telling us about your trademark, and we'll take it from there.
TRADEMARK FACTORY AND JENNIFER TOGETHER: BECAUSE if it's remarkable it's trademarkable!
Disclaimer: Please note that this cartoon is not and is not intended as legal advice. Your situation may be different from the facts assumed in this cartoon. Your watching this cartoon does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this cartoon as the only source of information to make important decisions about your intellectual property.
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