A trademark's significance is more than denoting a company's products and services. On a deeper level, apart from the company's offerings, it signifies its brand value, trustworthiness, goodwill, etc. Businesses must register their trademarks since they play a significant role in their growth and development.

However, while doing so, it's better to seek the assistance of a licensed trademark attorney. The involvement of licensed trademark lawyers makes the process more efficient. And that's because they know the technicalities of the process.

As a business owner, you should have the necessary clarity on the technical process of registering a trademark in Canada. Only then you will be able to make the right decision.

Here is a detailed description of how to defend and enforce your trademark rights in Canada.

Establishing and defending your brand, credibility, and goodwill is essential for your growth if you plan to expand your horizons in Canada. And for doing so, registering your trademarks in Canada is crucial, meaning recording it on the register of trademarks in the Canadian Intellectual Property Office. Processing trademark registration in Canada takes nearly two years. You have to prepare and file the application for the trademark registration process.

Remember, unregistered trademarks provide a little shield. In other words, Canadian law safeguards your rights in a limited manner for unregistered trademarks.

A Snapshot of What Can You Register as a Trademark:

Anything that determines or symbolizes your business, such as a logo, word, phrase, sound, etc., can be registered as your trademark. However, make sure that it still needs to be put to use. It has to be new and unique. To be more precise, if your competitor, or anybody else, is already using the mark in question, you can't use it.

Your Canadian trademark must identify only your goods and services. If a mark you are planning to register is similar to a trademark some other business is already using, you shouldn't proceed with the registration process.

It will get rejected under trademark law. However, if a licensed attorney guides you, they will bring the issue to your notice if the mark is similar. In short, a trademark agent or lawyer will help you deal with the problems you face during the application process.

Also, avoiding the marks prohibited by trademark legislation would be best. These "prohibited marks" possess things like emblems and national flags.

Advantages of Registering Your Trademarks:

• If they are registered, you can enforce your trademarks nationally.
• Registered trademarks don't need to be known in a given locale.
• As a business owner, you can use your registered trademarks across Canada for ten years before renewing them.
• You can enforce claims for depreciation of goodwill if somebody else is using your trademarks illegally. Your trademark has goodwill attached to it, and unauthorized use depreciates it.
• Registered trademarks can be accessed from the CIPO website by the public as they are listed on it.
• Registered trademarks have fewer chances of getting infringed than unregistered ones.
• It's difficult to enforce your unregistered trademark against unauthorized use. You have to claim "passing off" and prove that the unauthorized use of your trademark is damaging the goodwill attached to it.

For trademark registrations in Canada, it's better to rely on a competent trademark lawyer who can represent you effectively in the Canadian Intellectual Property Office (CIPO). Lawyers working for an intellectual property (IP) law firm have high expertise.

If you are based out of Canada but looking forward to pursuing trademark registrations in the US, an IP law firm with competent lawyers can help you. They will represent you before the United States Patent and Trademark Office (USPTO) to ensure your trademarks get registered in the US.

Reasons for Relying on Licensed Trademark Lawyers:

• Since registering trademarks is highly technical, you need experts, i.e., licensed trademark lawyers.
• Obtaining the most comprehensive scope of protection.
• Ensuring your trademark applications are filed correctly before CIPO.
• Get help filing your trademark applications before the USPTO and WIPO to expand your business beyond Canada.
• Ensuring trademark examiners' reports are being responded to on time.
• Handling office action effectively.
• Seeking trademark clearance opinions or conducting a trademark clearance search
• Obtaining trademark search reports
• Responding effectively to trademark "non-use" cancellation
• Getting help in drafting and negotiating IP agreements.
• Representing you in trademark and copyright disputes.

In short, with the assistance of licensed trademark lawyers and agents, you can easily prevent the problems trademark applications encounter in CIPO. Protecting and enforcing your trademark rights becomes way more accessible with professional help.

You can opt for different options when searching for a trademark lawyer in Canada. You can search it on Google by keyword (e.g., "trademark registration"), by location (e.g., "trademark registration Canada"), or by location as prefix (e.g., "Canada trademark registration").

Trademark Protection and Enforcement Tips at a Glance

• Get valuable trademark clearance advice from lawyers.
• Choose uncommon and enforceable trademarks.
• Register your trademarks to ensure you get the exclusive rights to use them within Canada.
• Renew your trademarks after ten years.
• As a Canadian business, if you want to expand your footprints in the US, you must register your trademarks in the US separately. It would be best if you pursued trademark registrations before the United States Patent and Trademark Office (USPTO).
• If selling your products on Amazon, reap the benefits of 'Amazon's Brand Registry' to avoid trademark infringement.
• In case of trademark infringement, you should enforce your trademark rights by initiating "cease and desist" letters and opposing applications.
• A cease and desist letter issued by a trademark lawyer is more effective because they use language correctly.
• In most cases, a well-crafted cease and desist letter will solve your problem. However, if it doesn't, you can take further legal action.
• You can file a lawsuit and sue the business for the unauthorized use of your trademarks.

To conclude, protecting and enforcing your trademark rights can only be accessed with a competent trademark lawyer's help. So the first and most crucial step that you should take is to find a trusted IP law firm near you. If you plan to expand beyond Canada to countries like the US, then ensure the law firm has the necessary experience representing its clients before the USPTO and WIPO.

When you register your trademark with the assistance of experts in the field, the registration process finishes on time. Also, if an individual or business uses your trademark illegally, your lawyer will take the right action.