The Benefits of Trademark Protection
A trademark registration is important for company growth. Consumer purchasing habits and decisions are influenced by the use of trademarks, and the reputation these marks uphold. Therefore, it is only fitting to view a trademark as an important asset to help grow one’s business.
The Benefits of Registering a Trademark in Canada
A trademark registration provides a trademark owner the exclusive right to use a mark with specific goods and services throughout Canada.
Registration prevents squatters from applying to register your mark and attempting to sell or license the registration back to you at an inflated price. It also prevents costly trademark opposition or litigation. The requirement to use a mark before registration is granted has been eliminated. However, a registration is vulnerable to challenges of non-use if the registered trademark has not been used in Canada within three years of registration.
Owning a valid trademark helps defend an attack by a third-party who challenges the use of a registered mark, and prevents others from using a confusingly similar mark, undermining an owner’s goodwill and reputation.
A valid trademark registration allows an owner to sue for trademark infringement.
The Registrar will only register marks that are not considered to be confusingly similar to a registered mark that exists on the trademarks register. This provides a level of assurance to a trademark owner.
An owner of a registered trademark is afforded protection to stop others from using a similar mark that is likely to have the effect of depreciating the owner’s goodwill.
Ownership of a registered trademark provides a ground of opposition against a third-party application pending on the trademarks register.
In order to register a .ca domain name, a trademark owner must satisfy the Canadian Presence Requirements. Where a trademark owner cannot satisfy these requirements, a Canadian trademark registration provides proof of rights.
Under the Charter of the French Language, all printed material used in commerce in Québec must be in French, although another language (e.g., English) may also appear but cannot be dominant. An exception is a registered trademark.
Protection against imported and exported counterfeit goods is now at the hands of a trademark owner in Canada. New border enforcement measures enable customs officers to detain goods and to share information relating to detained goods suspected of trademark infringement.
Reputable trademarks can produce additional profit through licensing.
Canada is now a party to an International trademark registration system under The Madrid Protocol. With a home country application or registration, Canadians are able to obtain trademark protection in member countries throughout the world through a single registration.
The best way to prevent costly, time-consuming and avoidable intellectual property issues is to apply to register your marks today. Contact us to discuss trademark registration for your business.