Protecting your Brand Equity – Standing Out in the Crowd

The success of your product or service today depends on the degree to which it is distinctive from your competitors by use e.g., of a specific logo, brand, design, or technology. Protecting your creativity with a trademark registration from imitation by competitors is key. In addition to distinguishing and protecting, the objective of a trademark registration is to act as a business tool to enhance the value of your business. You can even reserve a trademark before you use it by applying to register it on a proposed use basis. Once your trademark is used and registered, after a five-year period it becomes incontestable under certain conditions. An application for a trademark registration gives the public notice of your ownership claim and once registered of your exclusive right to use it throughout Canada in connection with the goods/services listed in the registration. Also from an anti-counterfeit (“knock-off”) perspective, it gives you the ability to file your trademark registration with Canada Border Services Agency (Canada Customs) and prevent importation of infringing products into Canada.