In the United States. at least, a trademark or service mark belongs to the person or business who uses it regularly in trade and commerce. The owner can further assert ownership by using the symbol TM or SM with the wording. Registration is not required to have the right to the trademark or service mark, but it gives further protection in establishing the fact of owhership. In that case the owner may use the symbol R in a circle to give notice of registration. Don't know what the law is in Canada. The usages in the United States go back to English common law, also the basis of Canadian law, I believe.
Wes Leatherock snipped-for-privacy@aol.com snipped-for-privacy@yahoo.com
According to a copy of the complaint filed by T-Mobile USA in the Federal Court of Canada earlier this fall, T-Mobile USA said that it filed for trademarks for myFaves in February in the U.S. and May in Canada, while Telus Mobility apparently lodged its claim in Canada in April. T-Mobile USA claims that Telus Mobility will not be able to acquire registered rights to the My Faves-related branding.
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