>As to a trademark:
>You can apply for an ?Intent to Use? mark when you?re not
>readied to commercialize your business or product name. You?ll
>be given a certain amount of months to commercialize it and
>failing that, you lose the mark. Trademarks are based on use
>in the marketplace as one factor. Fail to use it commercially
>and you lose it. In fact, an affidavit has to be filed every
>few years providing evidence one?s mark is/has been in use.
>File for a Federal mark at the US patent office and if it
>issues it is yours in all fifty states ---as long as you
>continue to use it commercially. If you only intend to use a
>mark in your state of residence, it?s a lot cheaper and
>secured through the local Secretary of State not the US patent
>office.

Great information Penny, but I am going to add (I've told my story here before) the FACTS as they relate to Trademark protections... Intent to use or otherwise.

I created the Pepperfire Trademark. I am the only person in the world to have EVER brought the Pepperfire name to market YET this is the current status of MY trademark: http://strategis.ic.gc.ca/app/cipo/trademarks/search/tmSearch.do?language=eng Search "pepperfire"

It has so far cost me $30K to have a judge rule that I own the trademark. BUT, in order for the Trademarks office to rightly state that I do, I have to appeal to them, read spend more legal fees, to have them expunge the original trademark application.

My advice to anyone considering using Trademark protection to protect themselves: Don't waste your time unless you are willing to fight to the death to keep it.

Oh and in case you're thinking it's different because trademark law in Canada isn't the same as US law... it's exactly the same, just a different appeals board.

Tina Brooks, VP Marketing
Brooks Pepperfire Foods, Inc.
Makers of Peppermaster Hot Sauces
http://www.peppermaster.com

Eat more peppers!