SHOULD I REGISTER MY TRADEMARK?
In Canada and the United States, rights are acquired through use. This means that it is not necessary for a trademark to be registered for its holder to be conferred protection over it. However, registration with the Trademark Office is highly recommended as it provides additional benefits such as national coverage, a presumption of validity after five years, notice to third parties, etc. A registered trademark can be protected from misuse and imitation through legal proceedings.
Any business that develops or sells products or services should seriously consider registering its trademarks.
However, in most other countries, the use of an unregistered trademark confers no rights over it; only its registration grants rights.
Companies often overlook the importance of protecting their trademarks in their business strategies. Trademarks, along with all intellectual property, can be valuable assets in any transaction. In fact, the goodwill associated with trademarks can sometimes represent an economic value greater than that of the products or services offered by the company and, in some cases, it is even about preserving essential asset elements. It is therefore worthwhile to register your trademarks.
Furthermore, trademarks also represent the reputation and brand image of the company, so it is essential to maintain them properly. Therefore, in order to benefit from all these considerable advantages and to be able to prove that you are the owner, it is necessary to register your trademarks as soon as possible and then ensure that they are not diluted by third parties.
Are there unregistered trademarks?
Yes, those who have not registered their trademark and who have let common law establish their privileges have what is called an unregistered trademark. They can be registered at any time, provided they then meet the requirements of the Trademarks Act.
What subjects are prohibited from use in a trademark?
The coats of arms of the royal family, the badges and insignia of the RCMP and the Canadian Armed Forces, the Red Cross, the Red Crescent, nor any other national symbol may be used in a trademark, nor may any immoral or shocking motto.
