Protecting an important business asset

Many small and mid-sized businesses do not consider securing trademark registrations for their business names for different reasons. Some feel that since Canada is, by and large, based on common law, business names are protected by common law even without registration at the Trademarks Office. Others simply don’t know that business names and trademark registrations are two very different types of protection.

While it is true that, in some sense, unregistered trademarks are given some limited “common law” protection, registered trademarks, on the other hand, will provide far better certainty and protection to a business’ goodwill, with relatively small expense.

Our intellectual property lawyers and trademark agents regularly assist businesses and government offices with protection of their valuable trademarks.

Trademark registrations provide 15 years of protection, can be renewed indefinitely, and the territorial scope of the protection covers the entire country. Thus, even if a multibillion-dollar business comes to Canada and tries to use the same or similar business name to operate its business, the Canadian trademark owner would be able to stop it for trademark infringement, provided their trademark is registered and in use.

Trademark registration for logos and tag lines

If your organization or business uses a logo design or tag line, you may also wish to consider obtaining proper trademark registration. For a relatively small cost, the trademark registration helps you to avoid expensive lawsuits down the road and to avert redoing all of your company’s signage, business cards, advertising, and brochures.

Nelligan O’Brien Payne LLP’s intellectual property lawyers and trademark agents have protected hundreds of trademarks, including some top brands, locally, domestically, and internationally. Here are a few examples of the types of products and services that can be protected:

  •  Telecom devices and services
  •  Data communication devices and services
  •  Pharmaceutical products
  •  Cosmetic products
  •  Apparels
  •  Machinery parts and devices
  •  Medical devices
  •  Foods, alcoholic, and non-alcoholic beverages
  •  Kitchen and bathroom wares
  •  Retail services
  •  Services of national associations
  •  Union services, retail services, and restaurant services

If you have any questions regarding the protection of your trademarks, please click here to send us an email. Alternatively, call us at 613-238-8080 or in Canada toll free at 833-892-3331

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