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- Understanding trademarks. To succeed in the business world, you need to send the right message and develop the right image. If people cannot pick your products or services out from the crowd, they might work with another person or company that is easier for them to notice.
- Filing a trademark application. Preparing a trademark application. A complete application includes: the name and mailing address of the applicant. a representation or description, or both, of the trademark.
- Registering a trademark outside Canada. Registering your trademark with the Registrar protects your rights in Canada only. If you wish to market goods or services in other countries, you should think about getting trademark registration(s) there as well.
- Expungement of a trademark registration. When someone registers a trademark, they gain a very valuable right. However, they can lose that right (expungement, or removal, from the Register of Trademarks) unless they carry out specific responsibilities.
- Registered Trademarks Under The Trademarks Act
- Unregistered Trademarks at Common Law
- How to Decide Which Trademarks to Register
Trademarks may be registered under the Canadian Trademarks Act. Once the application and registration processeshave been completed, a registered trademark owner has the exclusive right to use his or her trademark across Canada in association with the goods and services specified in the registration for 10 years beginning on the day of registration,...
Unregistered trademark rights (or non-registered trademark rights) are governed by common law in Canada rather than the statutory Trademarks Act. Common law in Canada is formed through custom and judicial precedent rather than legislated through statutes. Although there are no upfront costs associated with "having" unregistered trademark rights, su...
Trademark registrations will be among a business's most valuable intellectual property assets. Registering trademarks has been shown to, on average, raise firm profitability by 1.7% and firm value by 11.9%. Yet it may not be worthwhile for a business to expend financial resources to register every trademark it will use in every jurisdiction the tra...
Apr 20, 2023 · In Canada, a trademark can either be registered or unregistered. A trademark may consist of letters, words, sounds, textures, designs, colours, scents, or any combination thereof to distinguish one company’s goods and services from another company. A trademark application must be filed with the Canadian Intellectual Property Office and ...
An unregistered trademark or common law trademark is an enforceable mark created by a business or individual to signify or distinguish a product or service. It is legally different from a registered trademark granted by statute. As with registered trademarks, a common law trademark utilizes graphics, images, words or symbols, or a combination ...
Unregistered trademarks have limited legal protection and may face difficulties in enforcing their rights compared to registered trademarks. Can I still use an unregistered trademark in Canada? Yes, you can use an unregistered trademark in Canada, but it may not offer the same level of legal protection and benefits as a registered trademark.
Substance Law can provide guidance and legal support to navigate these complex legal frameworks and protect your trade mark rights effectively. Key points to remember include: The Trademarks Act is the cornerstone of trade mark law in Canada. Unregistered trade marks have a more limited scope of protection. Licensing agreements are flexible but ...
People also ask
What is an unregistered trademark?
Can an unregistered trademark be registered at a later date?
Can a trademark be used if it is not registered?
Do unregistered trademarks have legal protection?
Do registered and unregistered trademark rights overlap?
Are unregistered trademarks enforceable under common law?
Unregistered trademarks may be protected through the common law action for passing off, codified in Section 7 of the Trademarks Act. The scope of protection granted to unregistered trademarks is limited to the geographical area in which the unregistered trademark is used. The common law action for passing off requires: a protectable reputation ...
