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To maintain the distinctiveness and enforceability of your trademarks, you must use proper marking procedures. You should always differentiate words and designs that you consider trademarks from the rest of the text and from other words or trademarks used together or in close proximity. It is important for the trademark to stand out when someone is looking at it. This can be done by using a specific font, which would be different from the rest of the text or at least by using a bold form of the trademark. E.g. miltons ip.

If your trademark is not yet registered (even if you have applied for registration), you should consider using the letters “TM” after the mark. If the trademark is registered, the symbol ® is mandatory in the United States and recommended in Canada. In some cases, instead of using ™ or ®, you can place “*” or “†” next to the words or designs you consider to be trademarks. While this is acceptable, ™ and ® are preferable as they are more readily understood.

At the bottom of each advertisement, website, letterhead, work order or at the end of any brochure, one of the following footnotes should be included depending on the circumstances:

            ™:  (trademark) and (trademark) are trade-marks owned by (the owner), or

            ®:  (trademark) and (trademark) are trade-marks owned by (the owner), or if the list is too long or there is no space on label etc., we suggest:

® and ™ :  trade-marks owned by (the owner)

On products, labels, packaging or advertising flyers, if there is a combination of registered and unregistered marks, depending on the marking symbol you have used you could chose to print:

            ® and ™ are trade-marks owned by (the owner)

* (and/or †, as the case may be) are registered and/or unregistered trademarks of (the owner)

Advertising flyers or catalogues often contain many trademarks owned by third parties. If so, you should ensure that their trademarks are properly marked and their property rights identified:

® registered trademarks of (its owner/s))

If the mark is being used by a licensee, however, the licensee should use the following footnote:

            ™:  (trademark) and (trademark) are trademarks owned by (the licensor) and licensed to (licensee)

Contact Miltons IP for Canadian Trademarks

Contact Miltons IP

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