Frequently Asked Questions

1.     What is a trademark?

A trademark is any brand identifier which is used to identify the source of the goods and services of a business, and to communicate a brand message to customers of a business.  A trademark can take the form of a word, a slogan or tag line, a logo, or any combination, or even a colour, sound, or a product shape if the circumstances are right.

2.     How do I know what trademarks are being used in my business?

Ask us!  We will examine  your website, your brochures, catalogues and advertisements, your product packaging and labels, at no charge, and we will provide you with our recommendations as to the best strategy for protecting your brands in the most effective and cost-efficient way.

3.     Why should I register my trademarks?

Trademark registration has a number of key benefits and advantages, including the following;

·      easier and less expensive  to enforce than unregistered trademarks

·      gives notice to third parties of your prior rights in a trademark, and scares off third party copycats

·      provides protection not only in the geographic area in which your business is being carried on, but throughout Canada

·      provides a basis for filing an opposition against a third party trademark application

·      provides prima facie evidence of the ownership and use of a trademark

·      provides a basis to obtain trademark registrations in other countries

·      a more valuable asset of a business in the case of the sale of the business or licensing of the IP of the business

·      confers the ability to prevent the importation of counterfeits

·      much less expensive than the costs of trademark infringement actions, re-branding, or purchasing back one’s trademark if a trademark is co-opted

·      provides a defence to an attack by a competing trademark user

·      allows for the registration of a .ca domain name by businesses which do not otherwise meet the Canadian presence standards

·      allows the use of an English-language trademark in the Province of Quebec

·      prevents similar trademarks from being permitted to be registered by the Canadian Intelletual Property Office.

4.     I already have a domain name, so I don’t need to worry about a trademark, do I?

Yes, you do.  A domain name is no substitute for a trademark registration.  It will prevent the registration of the identical domain name, but it will not prevent the use of the brand covered by the domain name by a third party, with resulting confusion to consumers.

5.     I already have a corporate name and business style, so I don’t need to worry about a trademark, do I?

Yes, you do.  The use of a corporate name, trade name  or business style will prevent the use of the exact corporate name, trade name or business style in the jurisdiction in which such name was registered, but it will not prevent the use of a brand or trademark by any entity which may be incorporated in another province or country, or which is not incorporated at all, or which is using a trademark which is not part of its corporate name or trade name. 

6.     I am not an artist or a musician.  Why do I need to think about copyright? 

Copyright is ubiquitous in business.  Copyright in computer programs, corporate logos, advertising copy, website content,  and product labels are all key assets of many businesses, and their proper treatment in terms of ownership, licensing and enforcement are matters which must be a significant priority for business owners.