Registered vs. Unregistered Trademarks: Do You Know the Difference (Part 2)

In the first part of our blog, we introduced the difference between registering or choosing not to register a trademark. You click here to read the blog if you missed it. In this blog, we’re going to outline what registering a trademark means and when you should use this strategy for your business.

Registered trademarks have successfully made it through the trademark process, including examination, advertisement and potentially opposition proceedings. It is not necessary to register your trademark, but it does provide greater protection for your trademarks. If you do not, you risk losing your rights to it.

For example, imagine that you create a very catchy phrase with a very eye-catching logo for your business. You use the TM symbol to provide notice to the public that you consider it to be your trademark. Some competitors may not attempt to copy it at all, believing that you have already filed or are in the process of filing. However, if a trademark application is filed by a third party for a similar phrase or logo, you could have difficulty obtaining registered protection and could even end up in litigation for infringing the third party trademark.

If you choose not to register your trademark and your competitor gets to it first, you could be facing an uphill battle to reclaim control over your trademark. However, if you registered the trademark first and then a competitor tried to also, their application will not be approved if the design is too similar to yours. If they then continue to use the design, you could potentially sue for trademark infringement.

Steps to Take

When you have a trademark that you wish to register, there are a few things you need to do. The first is to ensure that it has not already been registered by another company. If it is not, proceed with the trademark process by applying with the Canadian Intellectual Property Office (CIPO).

While waiting for your approval, you can continue to use the TM symbol to deter competitors from copying your object. As soon as your application is approved, you may begin to use the registered symbol instead. Speak to a trademark agent before you begin using the registered trademark symbol. If you have any further questions about trademark law, or for assistance with the process, feel free to contact us.