The success of your product or service today depends on the degree to which your trademark is distinctive from your competitors by use of a specific logo, brand, design, or technology. In other words, ask yourself how your trademark ‘stands out in the crowd?’. Protecting your branding/intellectual property 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 the trademark on a proposed use basis.
An application for a trademark registration gives the public notice of your ownership claim. Once the trademark is registered, you are provided the exclusive right to use it throughout Canada in connection with the goods/services listed in the trademark 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. Once your trademark is used and registered, after a five-year period it becomes incontestable under certain conditions.
Overall, a distinctive trademark, once registered, can help your business achieve intellectual property and brand protection. Get in touch with our trademark lawyers located in Ottawa and Toronto for assistance in achieving these protections.