“Can’t” means one thing, is it legal or not?

It should not be surprising that people act illegally. People may still attempt to use your trademark regardless of the law and your trademark protection.

However, you have legal recourse should someone infringe on your trademark rights.

“Use” has a specific meaning in the world of trademarks. In this context, use means offering your product or service under that brand to the public. Registering your trademark will not prevent anyone from identifying your brand or mentioning your name in various venues. As long as they do not sell your product or a similar product under your brand, there is no “use.”

Merely mentioning your brand in a news or social media post does not constitute use for trademark purposes.

“My,” our third word, indicates your ownership of the mark. Trademarks don’t give you a monopoly over words, images, or phrases. Your registered trademark controls the mental link between those elements and the specific products or services that employ your brand.

For example, if you come up with a brilliant name for your software company, trademark registration doesn’t prevent someone selling bananas from using the same name. 

They are not using your trademark because it only covers specific industries indicated in your application, not everything.

This brings us to our fourth and final word, “Trademark.”
Trademarks are national, meaning if you only have a Canadian brand, that trademark stops at the Canadian border.

Somebody using the same mark in France is not infringing on your trademark because it does not exist in France.

Summary

Your registered trademark won’t prevent bad actors from attempting to infringe on your rights, but it does make it easier to make your case in court and stop anyone from assailing your brand.

But, keep in mind the four exceptions, Can’t – Use – My – Trademark, and build your successful brand.

Trademark Factory® offers a unique, all-inclusive 100% cash-back guarantee of successful trademark registration that controls your costs and puts your application in the hands of professional trademark attorneys and our skilled trademark staff.

Pass all the work and headaches of dealing with a government bureaucracy over to a team who understands working in that bureaucracy to achieve trademark approval.

Contact us today to breathe easier, knowing you are receiving the best advice and help.