Andrea Mincov

Date: August 12, 2014

Name: 7 Myths about Trademarks

Presenter: Andrea Mincov

Andrea Mincov is a professional lawyer who concentrates on trademarks and intellectual property law. Mincov’s presentation contains lawyer’s perspective on business law. This seminar will bring attention to any business owners who are thinking about trademark their logos.

Mincov has been practicing law in Russia for over 20 years. He made his career decision when he helped his father fight for his rights of his music ownership. His passion starts to develop when he focuses on intellectual property lawyer. In Canada, he reestablished his credential and starts his own law firm and the company of Trademark Factory.

Mincov emphasizes there are 7 myths business owners have toward trademarks.

1^st Myth: Too Small, Too Early

During the startup stage, many business owners believe it is still an early stage of their company to acquire trademark. Sometimes, business owners do not understand the potential to get trademark.

Qualifying for trademark questions:

• Will it be ok to lose brand?
• Will it be ok for others to use your brand?
• Will it be ok if someone offers you for your brand?

Mincov believes business owners need to think about their business vision in the future. Moreover, brand will be one of the most valuable assets in any business. It is important to set a good foundation to protect the asset. Therefore, business owners need to prepare their intellectual properties to avoid any unnecessary future business affairs.

“It is not about the size today, it is the future”

2^nd Myth: Own name, logo, and slogan

Many business owners believe if they trademark their business name, logo or slogan, they are the owner of those names. However, they could not own those names, logos, and slogans because in trademark, they are the ownership of mental link of those names, logos, and slogans.

In other words, trademark is a way to help business owners to protect the goods and services. If the goods and services are different, it is possible to have multiple trademarks of names, logos, and slogans. Mincov suggests business owners to carefully list their goods and services before they apply for trademark.

3^rd Myth: Describe

Trademark is a way to distinguish business and describe the quality of slogan. Many business owners simplify their trademarks either too generic or misdirect. Business owners need to be crystal clear about their company directions. Slogan with a lack of company’s characteristic will not get approved by the trademark examiners.

“The name you choose only will tell about your business you do only if other people can understand it.”

4^th Myth: Use and Register is the same

Many business owners believe if they use their names, logos, or slogans long enough, they can register. They consider use and register as same principle. However, Mincov points out business owners can use their names, logos or slogans, but they might not able to register because goods and services.

Trademark examiners check on registered trademark database, but not unregistered database. It is likelihood that business owners will get challenged on trademarks that are unregistered. Trademark is a tool that protects the value from business owners; moreover, owners need to consider the risk of unregistered trademark.

“You run your business for you, not for trademark”

5^th Myth: Company name and Domain Name

Many business owners believe they have the trademark protection if they corporate their company name or own the domain name. Mincov mentions trademark only protects the goods and services on the name, logos, and slogans. Therefore, business owners can still use the domain name even if the name has been incorporated.

It is important to know where the business is heading. Different direction will have different goods and services; nevertheless, even if owners have the domain name, it does not mean they have the trademark on the domain name.

6^th Myth: People think it is quick and easy

Many business owners believe trademark process is similar to incorporation process. Trademark takes 18 months. Out of those 18 months, file application process will take 7 months. Trademark examiners will be assigned to review the application. If there is argument, the process will take longer. After convincing, business owners will be expected to advertise the trademark logo to public for anyone who will object to the process. The finalize process will take another couple of months.

7^th Myth: Trademark is expensive

Business owners avoid trademark because of the cost and process. However, Mincov believes trademark can be expensive, but rebranding can be more expensive. If business owners believe trademark can bring values, they will not consider as expensive.

The general fee in Canada is $450 per application. In United States, it is $325 per class. It is cheaper to trademark without lawyer’s involvement, but they will need to face the trademark examiners alone. In Canada, trademark can be renewed after 15 years of usage; in United States, it is 10 years.

Once trademark is granted, there is no ongoing fee.

TM symbol is used for unregistered trademark and the little R with a circle is registered trademark. Mincov suggests all business owners should use TM as much as possible on everything. This will alert other business owners that the trademark is in progress and start to protect names, logos, and slogans. Psychologically, people will treat the name, logos and slogans different.

“If it’s remarkable, it’s trademarkable.”