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  1. 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.

  2. ised-isde.canada.ca › trademarks › trademarks-guideTrademarks guide - Canada

    • 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...

  3. Apr 20, 2023 · Unlike a registered trademark, which provides Canada-wide protection to the trademark holder, and affords greater remedies under the Trademarks Act, RSO, 1985, c. T-13, an unregistered trademark may only be protected within the geographic area in which the goodwill and reputation have developed. For example, if a natural honey store called Bumblebees, opens in Timmins, Ontario and develops ...

  4. An unregistered trademark can be any mark, symbol, signature, word, combination of colours, numerals etc. created and used by the company or person to indicate that the products are produced or services are offered by them, but it does not provide a high security to the owner, as in case of a registered trademark.

  5. Sep 13, 2024 · What Is an Unregistered Trademark? Unregistered trademarks are trademarks that entities use to distinguish their goods or services from others. Unregistered trademarks may also be called common law trademarks. These types of trademarks are protected in the United States by common law rights.

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  7. Jul 18, 2024 · However, enforcing an unregistered trademark can be more difficult and costly and may not even be possible in many countries that do not recognize common law trademark rights. Common law trademark rights are generally limited to the geographic area where the mark is used, meaning that protection is not nationwide.

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