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- Dorotha Sniffen, Staff Member
hello hello welcome back to my channel my name is zarina business lawyer by day and raptors bandwagoner during playoff season so not this year today's episode's super exciting we're actually going to be talking about how to trademark a business name and logo here in canada but we're going to be doing it a little bit differently we're actually going to look at the trademark application filed by vanessa bryant on behalf of kobe bryant and hopefully by the end of this video you're going to be able to get tips and ideas of how to file your own trademark application so that you can continue to protect your brand and continue to protect the legacy that you've worked so hard to create let's go the first step in filling out trademark applications is deciding which things should be trademarked just a quick refresher like what is a trademark a trademark is uh any word sound phrase basically anything you have that can distinguish you from anybody else in the marketplace so people used to think that trademarks were just words and logos but now actually it's been expanding so even tastes and there's this thing called distinguishing guises and basically if you can just prove to the intellectual property office that there's this one thing that you do that basically anyone who thinks about it will be like yep that's that's that company and if you can prove that then you get that trademark and this is actually used quite often in clothing and accessories so who knows maybe we might find a distinguishing guys for kobe's the cool thing with trademarks is their property rights so it's not like when you register a business name and a provincial registry like that's more so a legal compliance thing because a trademark is a property right you can actually will it to someone you can you can make it last for generations you can transfer it to someone else and therefore if you actually are able to register a trademark it increases the value of your company now let's turn to the trademark applications filed by copy brian's estate one of the blogs that i follow it's a fashion law blog and one of the articles was really interesting because it was talking about how kobe bryant's date filed an application for a lot of trademarks and if you believe the rumors it might be that there is an apparel line that is on the way actually there is another lawyer another law firm that looked into these applications and gave us an idea that there might be clothing there might be websites there might be games coming up soon we don't know but what's cool is if these applications actually get approved it gives kobe bryant llc the applicant sorry so this kobe bryant llc is the corporation that was started by kobe bryant's estate if this gets approved then that corporation will be able to get the exclusive rights to continue on kobe bryant's legacy which is pretty cool so what does that mean for us it's fairly similar actually here in canada if you file a trademark application and it actually you know gets approved by the canadian intellectual property office then you get the exclusive right to be able to use it in canada for up to 10 years and then it's renewable after that but there are some exceptions again and it's that basically like if you abandon it like you stop using your trademark the intellectual property office deems it to be have been abandoned so you lose that exclusivity because they're like well if you're not gonna protect it so why should we protect it you know like why should we give you that right now most businesses when they register they start with registering their work sometimes it's their business name sometimes it's a phrase like a slogan for example but when we look into trademarking words i want you to think about it in three different tiers now the first tier is something that's more likely to get approved so these are names that you just make up for the sake of this video where i'm just going to say kobe's trademark applications but really when i say that um please think about it as kobe's estate trademark applications okay cool so if you look here at his trademark application we'll see an application for mambasita which we know is his nickname for gigi so for us if you have a brand name that's just totally made up so for example global like complete so just from a branding perspective if we have a name that's totally made up it's easier to get that through the intellectual property office and get it registered so the second tier is registering business names that are personal names so personal names they're not necessarily impossible to trademark they're just a lot harder um so the cpo doesn't necess doesn't always like trademarking those things but if you can show that there's enough of a reputation sipo's more likely going to approve the registration of that trademark so if you look here at kobe's applications so from 1998 like you can see like his super business-minded you can see that he's trying to register his name and then you see this little note about living person got consent so it's the same thing here in canada if the person is alive and you're trying to register that name of course sipo would want to make sure that there's actually consent that that person has consented to it because obviously they don't want to be trademarking something that the other that the person who actually owns that thing doesn't want it to be trademarked so and then if you look here 2020 so there is another application for kobe bryant's name and again if it was in canada because it has a reputation it's likely going to go through you know like kobe bryant is a legend he's in the hall of fame so it's likely that this personal name will also go through if kobe bryant was canadian and now we're off to tier number three so this is like extra hard level if you really want to go for it generic names so you can trademark generic names like names that you can find in a dictionary but it's super super super impossible not impossible it's just super super super hard we mentioned already that trademarks are property rights so of course people wants to balance the right of other people who to be able to use certain words right like we don't want to have to go to court every single time someone uses a word that can be found in the dictionary but it's not necessarily impossible so as long as the name is not related to the goods or the services that the brand is actually you know promoting in the marketplace then that's generally okay and that's why apple the company that creates the macintosh computer that creates our ipods it was able to be registered here in canada because it's not you know computers aren't necessarily related to apple the fruit but snapple apple couldn't register the apple part in their name because snap apple creates fruit juices and an apple is a fruit so if you look here black mamba the application it had nothing to do with snakes and snake products so that was okay it'll be the same thing here in canada what will be interesting here is the application for mamba because mamba is just a generic word for snake so we'll see if it's going to be possible hear
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- Dorotha Sniffen
About the author
I've studied osteology at University of Houston-Victoria in Victoria and I am an expert in business analysis. I usually feel awake. My previous job was medical administrative assistant I held this position for 15 years, I love talking about roundnet and equestrianism. Huge fan of Lil Uzi Vert I practice pommel horse and collect military items.
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