What is a trade-mark?
A trade-mark is often referred to in media as a "brand" name. A trade-mark or brand name can consist of a word or words, slogan, logo design, symbol, company name, distinctive mode of packaging, product design, sound, smell or colour. It is used to distinguish your company's products and services from the products and services of others.
Trade-mark registration is strongly recommended prior to initiating a licensing or franchising program.
Advantages of registering a trade-mark:
- Provides public notice of your claim to ownership of the mark;
- Provides you with the exclusive right to use the mark for the products and services listed in the registration across Canada;
- Is an effective defense against another party using the same or a similar mark. Once your mark is allowed, the Registrar of Trade-marks will refuse a subsequently filed confusing trade-mark application from obtaining registration;
- Provides grounds for opposing another party's potentially confusing trade-mark;
- Can add value to your business when considered by a potential purchaser. Trade-marks are considered to be a valuable asset of your business; and
- Your Canadian registration may be used as a basis to obtain registration in a foreign country.