Trademark Law in Canada Introduction - News

Trademark Law in Canada: Part 1 - Introduction. Please acknowledge that this is not legal advice. The information specified herein is for awareness only. If you wish to reach a Canada trademark lawyer to help you with your application or trademark conflict, then feel free to email Toronto Lawyer Michael Carabash at to discuss all your trademarking!In this article, I'll be examining the primary inquisitions about trademarks, including what exactly is a trademark, what is the Canadian trademarks database, should I register a trademark, and what are the benefits of a trademark registration.ExplanationA trademark is a word, symbol or conception, or a union of these, used to diagnose the goods or services of one individual or organization from those of others in the marketplace.There are three vital kinds of Trademarks in Canada: 1. Ordinary Marks; 2. Certification Marks; and 3. Distinguishing Guise.These kinds of Trademarks will be discussed briefly in turn..Ordinary MarksThe Canada Trade-Marks Act marks an Ordinary Trademark as: a mark that is adopted by a person for the purpose ofcontemplating or so as to acknowledge wares or services completed, sold, leased, hired or carried through by him from those assembled,sold, appointed chartered loaned, hired or enacted by others,So a trademark is a word, symbol, tableau, or combination of these things employed to distinguish a product (called a "ware") or a service of one business from another that offers parallel wares or services.Certification MarkA Certification Mark is defined as follows: a mark that is adopted for the intent of separating or so as to distinguish wares or services that are of a determined specification with respect to (a) the character or feature of the wares or services, (b) the working arrangementunder which the wares have been erected or the servicesperformed, (c) the class of persons by whom the wares have been produced or the services executed, or (d) the area within which th e articles have been produced or the services accomplished, from {wares|goods|articles|commodities|products|merchandise for sale] or services that are not of that defined standard;So a Certification Mark simply recognizes products or services that meet an exact guideline to carry on business under that name. You'll often find corporations, perhaps numbered corporations like 123456 Ontario Inc. or 123457 Canada Ltd., carrying on business or c/o/b as "X" (here, "X" could mean "Pete's T-Shirt Shop"). You'll also make out the term "operating as" being used. The idea behind the trade name is that a corporation may have a terrible corporate name and want to use a commercial name preferably. These things being said, the trade name must be registered, does not afford the corporation protection as would a trademark and, on contracts between the corporation and third parties, the full corporate name must be identifyd (e.g. Pete's T-Shirt Shop c/o/b as 123456 Ontario Inc.). This is mea nt to watch over the public so that they know strictly who they're dealing with - namely, a corporation instead of a sole proprietorship, partnership, joint venture, association, etc.Canadian Trademarks DatabaseThe Canadian Trademarks Database is the certified database maintained by the Canadian Intellectual Property Office which presents regularly updated content about trademarks in Canada. The database is a very flexible tool that can be searched using various keywords and fields. The results display information concerning the applicant, the status of the application, the description of the wares and services and when they were first used, and the action taken by the government (and even third parties) concerning the trademark.Must I RegisterIt is not necessary to register a trademark in Canada. Many trademarks are organized under common law (i.e. historical judge made law) on the basis that a party has been using the trademark for a long time. However, you should watchful ly learn and appreciate the advantages of doing so sooner rather than later, and the disadvantages of failing to do so.Advantages to Registering a Trademark Simply registering a trademark doesn't automatically mean that you will be able to use it for your defined wares and services to the separation of everyone else in Canada. There could be situations where a person has been dealing with an unregistered trademark longer than you have and, even if you have registered it, you may be required to stop using it because of the other party's common law rights (it depends on the circumstances of the accurate matter).In any case, registration is proof of ownership. As such, registration acts as both a powerful shield and a sword against potential inf ringers.The primary advantage to registering a trademark is the direct evidential value that comes with registration. Registration is direct evidence that you have been using a trademark beginning from a certain period of time. Registra tion requires a comprehensive review, which adds to your trademark's authority. Hence, you will be able to point to registration in support of your use of the trademark through Canada for your exceptional wares and services the duration of the registration period (i.e 15yrs). If inf ringers come around, you'll be able to bring an action against them and use your registration as confirmation testimony to seek damages and avert them from using their trademark.Disadvantages of Not Registering a TrademarkIt is greatly worthwhile to register your trademark as soon as possible. Even if you don't register a trademark, you still can use it. The issue all the same, may come when a party anywhere else in Canada with alike wares and services registers a trademark that is similar to the one you are using. The result may be that a judge may order you to stop using that similar or confusing trademark on the basis that someone else registered it first (i.e. back to the evidential nature of registering a trademark.

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