Trademarking your brand and business name is a smart choice that helps protect you against costly legal battles. It’s a quick, simple process to file for a trademark and it can have a lasting effect on your business.
What is a trademark?
A trademark is a single or a group of phrases, tones, patterns, tastes, colours, textures, scents, moving pictures, three-dimensional shapes, packaging modes, or holograms that separate an individual’s or a company’s products or services from those of those in the marketplace.
Brand names, labels, styles, sound bites, slogans, and phrases are also examples of trademarks. In general, something that specifically reflects the name and is distinct has the right to be registered as a trademark.
What are the advantages of registering a trademark?
A trademark registration gives the applicant the sole right to use the logo on the products and services specified in the registration in Canada. Since the logo is considered valid proof of ownership, a trademark registry aids the applicant in exercising these rights.
Obtaining its registration in Canada presents the applicant with additional legal recourse not applicable to an unregistered owner, such as Federal Court enforcement cases and Internet domain name dispute settlement remedies.
Applying for and filing a trademark in Canada prevents future applicants from submitting a confusingly similar mark, since the Trademarks Office will reference the previously filed or licenced mark against applicants attempting to register the confusingly similar mark.
When the patent is filed, it will be assigned to a trademark inspector who will review it and check the Register for any confusingly identical markings. An examiner’s opinion
will be issued if the examiner finds any flaws in the document or discovers a confusingly familiar mark during the search, and the claimant will be required to address the objection.
So, if you are looking for more information on Intellectual Property Laws, please do not hesitate to give us a call.