The blog Brouillette Legal has often discussed the importance of using patents to protect your innovations. Another type of intellectual property also deserves special attention: your trademark.
Client experience shows that several entrepreneurs mistakenly believe that reserving a domain name, registering their business or incorporating is enough to protect their trademark. Unfortunately, this is false.
Although it isn’t legally mandatory to register a trademark in Canada and that its mere use may help you acquire certain rights, doing so is very advantageous.
1. Exclusivity and protection throughout Canada
First, the registered trademark gives you rights anywhere in the country, even in areas where the trademark is not yet in use. Registering also prevents nationwide use of your trademark by a third party through providing access to legal recourse. The Canadian Intellectual Property Office (CIPO) also refuses to register any trademark that could potentially be confused with yours.
2. One step ahead of your international exports
Registering your trademark in Canada bestows international protection for six months after filing. This can be very beneficial if you plan to export your product quickly.
3. Added value for financing
Registering your trademark in Canada reinforces its value and becomes a profitable asset when a transaction or financing is involved. Do not skip this step if you wish to obtain funds to carry out your projects.
Although not mandatory, trademark registration has several advantages. For most, it is an excellent return on investment in the long term. Remember that in some cases, the registration process may be tedious. Make sure you have a strong trademark agent to provide you with adequate protection.
For more information, visit Lime blogue where our trademark department director, Stéphanie Brouillette, provides further detail on the advantages of registering your trademark.