Creating And Protecting Your Name And Brand

Trademarks serve to protect the distinguishing marks of products and companies. A trademark can be a symbol, logo, word, sound, color, or name that identifies the sources of a product and distinguishes it from other competitors. Trademarks grant holders exclusive rights to the use of their work/s.

What is a Trademark?

A trademark is part of the umbrella of creative rights known as intellectual property, an asset which can be, for instance, used as a source of collateral to obtain financing. Examples include:

  • A word
  • A symbol
  • A logo
  • A design
  • An internet address
  • A phone number
  • A shape/mode of wrapping
  • A colour applied to a surface
  • A combination that distinguishes the goods and/or services of one person from that of another in the marketplace.

What is a Registered Trademark?

A registered trademark is a government granted monopoly that gives you the exclusive right to use your trademark in association with certain goods or services for a period of 10-15 years (subject to renewal) throughout Canada. It also prevents others from importing or selling in Canada any goods or services bearing your trademark. A trademark registration in Canada does not extend to foreign countries. There is no universal or worldwide trademark. You must apply separately in and for other countries. Also, foreign trademark registrations do not protect a trademark in Canada.

What is a Trade Name?

A trade name is the name by which a business identifies itself. This may also be a corporate name such as OLLIP P.C.