Here are 6 reasons to consider registering your trademark in Canada:
- A trademark registration gives the registered owner the exclusive right to use the trademark throughout Canada, in association with the goods and/or services included in the registration, regardless of where in the country the owner is using the trademark.
- A registered trademark can prevent another entity from registering the same or a confusingly similar trademark. An application can be refused if an Examiner considers a trademark to be confusingly similar to a previously registered trademark or a previously filed application.
- A registered trademark will appear on the trademark register maintained by the Canadian Intellectual Property Office (a publicly available database). A trademark on this register can act as a barrier to anyone considering using or registering the same or a confusingly similar trademark as most people looking at adopting or registering a trademark are likely to check the trademark register for similar trademarks.
- Trademark infringement and depreciation of goodwill are two types of legal action that only the owner of a registered trademark can take against others using a confusingly similar trademark. The owner of an unregistered trademark is not able to sue for trademark infringement but is instead limited to asserting a claim of passing off. Extensive evidence is necessary to establish passing off. The owner of an unregistered trademark is also limited to pursuing its trademark rights in the geographic area in which the trademark has a reputation.
- A certificate of registration is evidence of the owner’s exclusive rights to the trademark.
- A registered trademark can be more easily licensed or assigned. It is a valuable asset of a business. A purchaser of a business may question the owner’s entitlement to its trademarks if they are not registered.
If you have questions about trademark registration, please contact Christine Hicks at email@example.com.