Branding is a valuable asset that is worth nothing unless you can protect it. The more differentiated an identity is from the competition, the easier it is to protect from a legal perspective. Names, symbols, logotypes, taglines, slogans, packaging, product design, colour, and sound are all brand identity assets that can be registered with the federal government and protected from future disputes.

What is the difference between R, TM and SM? R stands for registered trademark, and may only be used when marks have been federally registered. TM, or trademark, represents an alert to the public and does not require legal registration. SM means servicemark and refers to a unique service. Usually SM is found on advertising or promotional materials and does not require legal registration.

Important things to consider when thinking about trademarks is the client objective and industry. Is the product or service local or international? Is the company part of a merger or joint venture? Different situations require different levels of protection.

For small businesses or entrepreneurs usually a TM beside the logo or tagline will suffice - but always think long-term. Knowing the client’s 5 year plan may help you decide what trade-mark advice to give.

Remember it is always better to be safe than sorry. The rule of do now and ask later does not apply with trade-marks.