2017-09-09
Trademarks can provide your business and brand with powerful, legal protection. An image, symbol, word, or tagline can qualify as a trademark. Why should you make the effort to register a trademark? When a logo or brand name is trademarked, only the owner has the right to use it. This creates an exclusive system of protection for your brand. Still not convinced? Well, we have a list of potential benefits of owning a registered trademark in Canada.
Right To Exclusive Use
Let’s get the most obvious benefit out of the way. Section 19 of the Trade-Marks Act provides the owner of a registered trademark with exclusive rights. The trademark owner may choose to license their rights to others or can prevent others from using the trademark.
Trademark Protection For 15 Years
By registering your trademark, you ensure that it has legal protection for 15 years. This is a long period of time which can deter any other entity from using your trademark. A key aspect, to ensure that the 15 year period is maintained, is to frequently utilize the trademark. If you fail to do so, your trademark registration may become defunct and others may be able to use it.
After 15 years, the trademark can be renewed for another 15 year term.
Action Against Trademark Infringement
Trademark infringement occurs when another entity utilizes your trademark without your permission. The infringer might make a profit from using your brand name or worse, tarnish your brand reputation. As the registered owner of the trademark, you can take the appropriate steps to take action against the infringer.
Preempt Disputes
Registration of a trademark is not a legal prerequisite, however, it is highly recommended. Why? When you identify another business utilizing your trademark, you file a complaint. However, if you are not the registered trademark owner, you will have to first prove that you were the first entity to use the trademark.
By simply having a registered trademark, you avoid this and other businesses may think twice about using it.
Public Notice
During the process of trademark registration, your trademark will be published in the Trade-Mark Journal. This serves a dual purpose. The publication of the trademark is an invitation by the Trademark office for anyone to oppose the registration of your trademark, and it can give notice of your ownership.
License The Trademark
When you operate a successful brand, you may consider growing your business through franchising. You can license your trademark to others and earn a profit from it.
While you don’t have to register your trademark, unregistered trademarks do not have the benefits listed above. If you wish to build a business with a strong foundation, registration of your brand name, logo/symbol and tagline is recommended.
If you require assistance in registering your trademark, you can reach out to Prowse Chowne LLP. We can provide assistance while you focus on your business operation.
