Create a Brand Name worth protecting in 3 easy steps with Sander Law

Are you starting a new business? Or creating a new product or service for your existing business?

One of the first things you want to do is create a brand name that is strong and represents your business and its values.

However, finding a brand name that is unique and protectable is not always easy.

That is where I come in.

create a brand in 3 steps

Step 1 – Branding Call

The first step in the process to Create a Brand Name is a call with you to discuss your business.

We’ll discuss what products and services you plan to sell as well as the what image and brand identity you would like to create. We’ll discuss colours, brand values and ideas you may have to create a brand name that evokes your brand identity. All this information will help form the basis for creating your brand name in Step 2.

As part of this call, we will also discuss characteristics of a strong trademark and important aspects of registering trademarks.

Key Takeaways:

    • Summary of our call and key features for your brand and brand identity.
    • Informational sheet about features of strong trademarks and trademark registration process

Step 2 – Creating a Brand Name

Based on the information from our foundation call, I will generate 5 brand names for you to initially review. You will select your top 3 names from the list and I will then conduct a comprehensive Canadian search for the name. The search includes reviewing trademarks that are the same or similar to yours. Sources for the search include the Canadian trademark database, corporation and business registries, and internet search.

Key Takeaways:

    • Search and assessment report outlining the trademark search results and recommendations.
    • A distinctive trademark that has been vetted for use and registration in Canada

Step 3 – Protecting Brand Name with Trademark Registration

Once you have your new brand name, the next step is filing a trademark application for the name. We will proceed with filing a Canadian trademark application for your new brand name. Sander Law will monitor and advise you regarding your application as it proceeds through the trademark process and will forward the registration certificate once it is available. We can also discuss potential future protection of the brand in other countries.

Canadian Trademark registration provides a number of benefits including:

    • Valuable Business Asset
    • Exclusive Rights for 10 years across Canada
    • Proof of Ownership
    • Deter Infringers from copying
    • Greater enforcement options against infringers

NOTE: Registering a named corporation or registering your business name with the provincial government does NOT give you registered trademark rights.

Key Takeaways:

    • Filed documents for your Canadian trademark application.
    • Information sheet for best practices in using and protecting your trademark.

 

Fee Details

The fee for the Create a Brand Name package is $3000+hst plus government trademark filing fees*.

The cost of the package is conveniently spread out over the three steps.

    • Step 1 - $500+hst
    • Step 2 - $1250+hst
    • Step 3 – S1250+hst plus government filing fees.

As well, payment options include e-transfer and credit card.

*Government trademark filing fees are $458 for the first class/category of product or services in the trademark application, and $139 for each additional class/category in the application (if applicable).

 

Frequently Asked Questions

Why should I talk to a trademark lawyer to create a brand name instead of someone in marketing?

A Marketer is focused on getting the message out about products and services, and generally marketers choose brand names that are descriptive (e.g. 'Sweet' for ice cream) as consumers will easily understand the product or service that is being offered.

In contrast, a Trademark Lawyer likes coined or arbitrary trademarks (e.g. Xerox®, Apple®) as they are distinctive & have a better likelihood of successful registration with the Canadian Trademarks Office.

 

Why work with Sander Law?

I have over 13 years experience in trademarks and protecting brands. I’ve had many clients who approach me to register their brand as a trademark, only to find out from me that their brand is either 1) the same or similar to an existing business or 2) can’t be registered for various reasons.

Unfortunately, this means the name the client has fallen in love with isn’t recommended for trademark registration. That is, using the name could be infringe another business’ trademarks, or is a name that can’t be protected (e.g. too descriptive of the products or services sold under the mark).

 

What if I have a brand name I want to use already?

If you have already selected a name, then you can select from one of our trademark registration packages, which will include a Canadian trademark search of your name before filing a trademark application.