Canadian Trademarks:  Eight things you should know

  • A trademark is a mark that has been adopted to distinguish the source of a particular good and/or service from other sources in a similar line of business.
  • Trademarks can consist of words and/or a design. Most trademarks are wordmarks, such as Kodak or Coke, design marks, such as Nike’s “swoosh,” or a combination, such as the stylized script for Coca Cola.  A tag line, such as ‘Things Go Better with Smuglers” can also be registered.
  • As soon as you have begun to properly use a valid trademark, you have established it as a ‘common law’ trademark. These ‘common-law’ rights are relatively weak, as well as being both expensive and difficult to enforce.
  • Registration of a trademark provides much stronger rights, including protection all across Canada.
  • Registration of your corporate name, business name or domain name does not give you the right to use that name!  Registration of a trademark is the best way of protecting a name used in business
  • After registration, you should monitor the market and the trademarks registry to prevent others from infringing on your trademark.  Otherwise you might lose those rights.
  • There is no annual fee for maintaining a trademark registration.  Currently, they must be renewed every 15 years, but that’s likely to change shortly.
  • There is no such thing as an international trademark.  If you want trademark protection in a particular country, then you must register in that country.