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Why To Register a Trademarkjack2016-06-29T16:05:05-04:00
- It reserves the right of exclusive use across Canada. Thus, you can prevent someone from using your trademark even if they are across the country and you have never used your trademark there.
- Since the registry is a public record, it is assumed that everyone has knowledge of its contents. Thus, if someone adopts the same or a confusingly similar trademark, they are assumed to have done so with knowledge of your mark. They can then be stopped from using your mark and sued for trademark infringement.
- Once you have registered your trademark, the Trademarks Office (CIPO) is required to refuse any other applications that might be confusing with yours. If the Office is in doubt, they send you notice of the pending application, so you can decide whether to oppose it.
- If your mark is registered under the Trademarks Act, then you can use the Trademarks Act action for infringement. This is a much quicker, easier and less expensive route than the common-law action for trademark infringement.
- It is assumed that your trademark already has “goodwill”, so you do not have to prove it in court.
- It is much more difficult for anyone to challenge the validity of your trademark, especially after five(5) years of being registered.
- It is easier to license someone else to use your trademark.
- A registered trademark can add considerably to the value of your business, especially if you are selling it or trying to get new investors. A registered trademark ‘solidifies’ the goodwill of the business into a far stronger asset that can be protected, expanded and even sold separately. It can also be listed as an asset on your balance sheet.
- A registered Canadian trademark can be used as a basis for registration of your trademark in many other countries, including the United States.
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