Registering Your Trademark

Registering Your Trademark

The Trademarks Act is federal (not provincial) legislation which governs trademark law in Canada. The Canadian Trademarks Office administers the trademark registration system. Although a trademark owner acquires some legal rights in its trademark simply by using the mark in the marketplace, these rights are limited to the geographic area in which the trademark is used and/or advertised and proof thereof must be made before the Court in the case of litigationBroader rights can be acquired by registering a trademark with the Trademarks Office. The benefits of registration include the exclusive right to use the trademark throughout Canada, regardless of the geographic area in which the trademark is actually being used, and the right to sue for infringement of the registered trademark.

A trademark may be incapable of being registered for different reasons, including the possibility that it is likely to be confused with a prior trademark. Various criteria are to be considered in evaluating the likelihood of confusion between trademarks. A registered trademark agent can assess your trademark and provide an opinion as to whether the trademark you use or propose to adopt is capable of being protected in Canada.