What is a Trademark?

A trademark or trade mark (represented by the symbol ™ or ®) is a distinctive sign or indicator which is used by an individual, business organization or legal entity to identify and to distinguish its products or services from those of other entities.

A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements.

The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. Trademark can also be sold or licenced to other parties.

Anyone in Canada can apply and register a trademark that may force you to change your corporate or business name. Think of the potential costs you may incur. Expenses like legal fees, changes to your marketing material, even changing your stationary, all cost money. What about a major inconvenience and loss of name recognition? Trademark infringement cases can be devastating for a small business.

If your business name, slogan, website or the name of a product or service you provide is valuable to you, you must protect it. Simply placing a (™) mark beside the name offers you zero protection. You must have a registered trademark and use the (®) mark to show that you are protected. You cannot use the (®) mark unless the trademark is registered.

A one-time registration offers you 15 years of protection and you can always renew your registration for an additional term when that period elapses.

Register a trademark to protect your:

• Business Name
• Website Name - Domain Name
• Logo
• Product or Service Name
• Company Slogan

The process starts with a Trademark Search. You will receive a report that identifies all existing Canadian trademarks that are similar to the one you are proposing. This report will assist you in making a decision to proceed with registration or make amendments to the proposed trademark.

Please note that Canadian trademark offers protection only in Canada. For any other jurisdiction, you would have to register a separate trademark in that jurisdiction.

You can incorporate your business here