The Importance of Registering Your Trademark

 In Blog, Intellectual Property Law

Are you trying to decide if there is importance in registering your trademark in Canada? One look at the Canadian Intellectual Property Office (CIPO) application makes the process seem highly discouraging, but there are many advantageous reasons why you should consider registering.

What is a trademark?

A trademark can be words, sounds, letters, designs, or any combination thereof that are unique to your business, and can be used to set your business’s goods and services apart from others.

Reasons to register your trademark

Even before registration, simply using a trademark in Canada equips you with enforceable common law rights. However, common law rights are quite limited in scope and can be more costly, time-consuming, and burdensome when it comes to enforcing them.

For example, if you choose to leave your trademark unregistered, you are limiting your protection to the geographical location where the trademark is being used. Registering your trademark enhances those common law rights and offers increased protection.

Registering your company’s trademark provides you and your business with the exclusive right and ability to use that trademark and to prevent its misuse by others throughout Canada, without geographical restrictions.

Benefits of registering your trademark

Other significant benefits include:

  • Increased ability to enforce trademark rights in Canada;
  • Protection of the trademark across Canada for 10 years, which can be renewed indefinitely;
  • Canadian trademark database provides public notice of your ownership to others;
  • Registration can be used to enhance the goodwill of your company;
  • Registration allows you to license trademark rights to others within Canada;
  • Registering a trademark allows for registration of a corresponding .ca domain name, and can be useful in monitoring and enforcing trademark rights on search engines and social media platforms

Registering your trademark is an investment. It can help increase the value of your business and/or brand by strengthening your ability to enforce your rights in the event of a dispute while also enabling your business to grow. Although registration of a trademark can take time, our lawyers are prepared to assist you in making the process as smooth as possible.

For more information about registering a trademark and how it can benefit your business, contact the experts at Brown Beattie O’Donovan.

Author: Megan Harrogate

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