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You know the drill. An artist can't get by on record sales alone. That's fine. You bring more to the table. You've created your album. You have your merchandising line ready, complete with your logo. You've seen a lawyer and your copyright in your music is secure. Can you sit back and relax? Almost...but not quite. You come with a package and it is prudent that you protect the whole of that package.

Trade-mark: Get it Done!
Media recognition is a necessary ingredient for success. As an artist YOU are your product. If you market properly, the public will come to associate your logo, otherwise known as a mark, with your work. As recognition increases, so will your mark's value. Thus, if you are the original creator of a prosperous mark, it is only a matter of time before competitors will notice and emulate that idea.

Take, for instance, arguably the most famous trade-mark of all, Coca Cola. Imagine if the mark were available for public use. Vendors would fill the marketplace with t-shirts, hats, mugs and other novelty items. Bottles with other beverages would flood the market using the value of the Coca Cola name to sell their product. It would dilute the image and the company would loose vast amounts of product sales and merchandising opportunity.

Registering a trade-mark will protect you against unauthorized use. It provides documented ownership over a mark for 15 years in the event of a legal dispute. What's more, once you own a trade-mark, you may license use of the mark to interested parties. The only way a vendor would be able to manufacture an item with your logo would be with your consent and by paying a licensing fee.

Alone or Represented?
While the benefits to trade-mark registration are clear, many question the need for a lawyer or professional trade-mark agent to represent them through the process.

You may apply for the trade-mark yourself. It's TRUE! But I would urge you to engage the services of a professional because the process is long and arduous, especially if your application is challenged.

A trade-mark application is a multi-step process that can take 12-14 months or more from start to finish. There are rigorous restrictions, as set out by the Trade-marks Act, R.S. 1985, c. T-13, as to what marks are acceptable. As such, there is often extensive correspondence with the Canadian Intellectual Property Office in order to address any objections that occur with the application.

Legal counsel is a small investment that can pay off in a large way. A lawyer can inform you of the chances of successful trade-mark registration and will address any objections that are returned from the trade-mark office.

This is your career, invest in it wisely and protect your property.