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The Trademark Group
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Why is it important to register your trademarks?
Why should I register my trademark?

Just as a marriage can be registered officially or remain common-law, so can a trademark. That means that it exists and you have legal rights around it as soon as you begin to use it. Still, a common-law trademark is weak in comparison to a registered trademark. Say for example that someone uses your trademark and you sue them. It can be much harder to prove your case if the trademark is unregistered (common-law) and you would be able to bring a “passing off” action, but not an infringement claim. Also, your rights under common law are restricted to the specific regions (provinces or states) where you have established a reputation. Registered trademarks are valid nation-wide. Some more advantages to registering a trademark are:

• trademark registration grants the owner exclusive rights in whichever jurisdiction (Canada, USA, the EU etc.) to use your trademark in association with whichever goods or services it is registered in association with.

• No one else in that jurisdiction can register a same or similar trademark.

•Anyone who tries to adopt a similar trademark can be sued for infringement
with all of the remedies available under the Trademarks Act.

•The longer your trademark has been registered, the more difficult it becomes for third parties to challenge it, so long as you’ve used it consistently.

• Licensing your trademark—for franchises, say—is much easier if it is registered.

• Your first trademark application gives you certain benefits in other jurisdictions, for example, access to a “priority” (or earlier) filing date.

• Registering your trademark adds to the cultural value of your business. It may well add to its capital value as well if you are seeking investors, because trademark registration is a business asset in itself.
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Why should I register my trademark?

Just as a marriage can be registered officially or remain common-law, so can a trademark. That means that it exists and you have legal rights around it as soon as you begin to use it. Still, a common-law trademark is weak in comparison to a registered trademark. Say for example that someone uses your trademark and you sue them. It can be much harder to prove your case if the trademark is unregistered (common-law) and you would be able to bring a “passing off” action, but not an infringement claim. Also, your rights under common law are restricted to the specific regions (provinces or states) where you have established a reputation. Registered trademarks are valid nation-wide. Some more advantages to registering a trademark are:

• trademark registration grants the owner exclusive rights in whichever jurisdiction (Canada, USA, the EU etc.) to use your trademark in association with whichever goods or services it is registered in association with.

• No one else in that jurisdiction can register a same or similar trademark.

•Anyone who tries to adopt a similar trademark can be sued for infringement
with all of the remedies available under the Trademarks Act.

•The longer your trademark has been registered, the more difficult it becomes for third parties to challenge it, so long as you’ve used it consistently.

• Licensing your trademark—for franchises, say—is much easier if it is registered.

• Your first trademark application gives you certain benefits in other jurisdictions, for example, access to a “priority” (or earlier) filing date.

• Registering your trademark adds to the cultural value of your business. It may well add to its capital value as well if you are seeking investors, because trademark registration is a business asset in itself.
Add a comment...

Post has shared content
Why is it important to register your trademarks?
Why should I register my trademark?

Just as a marriage can be registered officially or remain common-law, so can a trademark. That means that it exists and you have legal rights around it as soon as you begin to use it. Still, a common-law trademark is weak in comparison to a registered trademark. Say for example that someone uses your trademark and you sue them. It can be much harder to prove your case if the trademark is unregistered (common-law) and you would be able to bring a “passing off” action, but not an infringement claim. Also, your rights under common law are restricted to the specific regions (provinces or states) where you have established a reputation. Registered trademarks are valid nation-wide. Some more advantages to registering a trademark are:

• trademark registration grants the owner exclusive rights in whichever jurisdiction (Canada, USA, the EU etc.) to use your trademark in association with whichever goods or services it is registered in association with.

• No one else in that jurisdiction can register a same or similar trademark.

•Anyone who tries to adopt a similar trademark can be sued for infringement
with all of the remedies available under the Trademarks Act.

•The longer your trademark has been registered, the more difficult it becomes for third parties to challenge it, so long as you’ve used it consistently.

• Licensing your trademark—for franchises, say—is much easier if it is registered.

• Your first trademark application gives you certain benefits in other jurisdictions, for example, access to a “priority” (or earlier) filing date.

• Registering your trademark adds to the cultural value of your business. It may well add to its capital value as well if you are seeking investors, because trademark registration is a business asset in itself.
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What is a trademark?

A trademark is a legal and business tool that allows you to have a unique identity in the marketplace. Any special element that you use to promote and distinguish your business (and the services or products you sell) from others can be a trademark. This means a trademark could be:

• A logo
• A name
• A slogan
• Packaging (shape, colour, etc.)
• Sounds

Or any combination of these. You can also trademark a description that is not typically associated with a product or service (so long as the description is not misleading) and original coined terms that don’t have a dictionary definition. Business or company names that are too descriptive, using words or practices that are commonly used, don’t usually qualify and make for weaker marks in any event.
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What is a brand identify and brand profile?

A brand identity consists of three components that can each be registered and protected as trademarks: (1)Brand Name, (2) Logos and (3) Taglines and slogans.
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The Trademark Group is re-releasing our popular Trademark Registration 101 video series. These videos will answer all of your trademark registration questions.
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