Trademark Primer

Why should I register a trademark?

It is not necessary to register a trademark in order to use it, but there are some important advantages if you do register.

These advantages include:

  • Enforceability. A registered trademark can be enforced throughout Canada, and is easier to enforce than an unregistered trademark.
  • Value. The value of a company is tied to customer goodwill in its branding. Registering a trademark can help create and protect value for a company.
  • Notice and avoidance of conflicts. A registered trademark will appear in the Trademarks Register and in the online trademarks database, which others frequently search when selecting a trademark.
  • Protection. The Canadian Intellectual Property Office should refuse to register an application for a trademark that is confusingly similar with a registered trademark. Also, after a trademark has been registered for five years, it cannot be challenged on the basis that another party used it first (unless the owner of the registered trademark knew of the other party’s use before adopting the trademark).
  • Securing Internet Domain Names. A trademark registration can assist in acquiring or protecting a domain name.
  • Foreign Rights. A Canadian trademark registration can be used as a basis to seek registration of the trademark in some foreign countries.