The Complete Guide to Understanding the Cost of Trademark Registration
Are you thinking about registering a trademark for your business, but are unsure about the costs involved? We created this complete guide to help you plan and budget for registering your company’s trademarks. As a business owner, protecting your brand is crucial to...
From Filing to Enforcement: Understanding the Canada Trademark Process
Are you planning to start a business in Canada? Or have you already launched a product or service in the Canadian market? If so, it's crucial to understand the trademark process in Canada. Trademarks are a fundamental part of protecting your brand, and the process can...
How to Brainstorm a Great Name for your Business
Having the right name will set up your business for success. Before you resort to an online name generator, learn how to create your own.
What you should know before trademarking your logo in Canada
Most business owners immediately think of their logo when they hear the word “trademark”. But a logo is actually not your first trademark, nor is it your most important one. It also shouldn’t be the first trademark you register. Your name, whether your business name...
Canadian Trademarks are not valid in the United States
Canadian trademarks are not valid in the United States. It’s as simple as that. There’s no qualifications or exceptions to this rule. Canada and the United States have separate legal systems. If you want the exclusive right to use a name in both countries, you have to...
Trademark Trolls Must Beware!
ph: cottonbro studio Federal Court Expunges Trademark Registration in Canada on the Ground of Bad Faith In May 2022, the Canadian Federal Court stopped serial filer, Wei Meng, in his tracks, when it ordered expungement of his Canadian trademark registration, which...
5 Tips for Naming your Startup Business
Getting noticed in today’s market is hard! And, unfortunately, it’s even harder to be remembered. According to the marketing rule of 7, it takes an average of seven interactions with a brand name before a purchase will take place. ph: stock image Having a great name...
How to protect your brand worldwide
Trademarks are territorial by nature. This means that protection is achieved and enforceable on a country-specific basis.For example, a Canadian trademark registration provides exclusivity in Canada, whereas a Jamaican trademark registration will do the same in...
2021 and how to build your business name!
Knowledge is power, especially when it comes to protecting your intellectual property. Knowledge of your rights coupled with the registrations to prove you own your intellectual creations transforms your business into an impenetrable fortress. Freely sharing knowledge...
Amazon Brand Registry: A Guide for Canadian Businesses
You can now download our free guide to avoid rejection and maximize your brand's protection Amazon has recently surpassed Walmart as the largest US retailer, and e-commerce is predicted to account for 29% of retail sales by 2025. Stay-at-home orders across the globe...
Why You Must Stop Infringers
In the fast-paced world of business and commerce, establishing a distinctive brand identity is essential for success. Securing a registered trademark grants your brand exclusive rights to its name and logo, providing a legal shield against potential threats....
Reasons Trademarks Applications are Rejected in Canada
A trademark registration is without question the most valuable tool you can have to protect your brand in Canada. Every brand owner selling in this country should have trademark registrations for their brand name and logo. Filing a Canadian trademark application is...
Can you Trademark a Name in Canada?
Using a personal name as your main business brand can make sense when you literally are your business. Such is the case with many influencers, fashion and interior designers, and even professional services providers like lawyers and accountants. This naming...
Brand Naming in Canada: How to Choose the Right Business Name for Success
Just because you thought it up, doesn’t mean that your business name qualifies for trademark protection under Canadian law. A trademark registration is a government grant of the exclusive right to use a name throughout Canada. It’s a powerful tool that gives a company...
Where to check business name availability in Canada
We help a lot of marketers and business owners choose new names. Whether it’s a name for a new product, or a new offer or a whole new business, one of the most important steps in the naming process is ensuring the name is available for how you plan to use it. There...
How to Trademark for the Amazon Brand Registry in Canada
Listing your brand on the Amazon Brand Registry will help to protect you from counterfeiters, copycats and cheap imitators selling on Amazon. But there’s a pre-requisite to getting on the Brand Registry in Canada. It’s a Canadian trademark registration, or at the very...
When is the Best Time to Trademark Your Company Name?
Most new entrepreneurs and business owners get this all wrong. We file a lot of first-time trademark applications, and for most of them, a corporation is listed as the owner. This means that incorporation is happening before trademarking, and that’s backwards....
Who should be the owner of a trademark?
I recently read a story about Dallas Mavericks superstar Luka Doncic and his legal dispute with his mother about the ownership of his trademarks. Doncic had allowed his mother to register the trademark "Luka Doncic 7", which got in the way of his new trademark...
The Cost to Trademark a Name in Canada
One of the most common questions we answer in a free consult is “what will it cost to trademark my name?” This blog explains how those costs are calculated. So that you can determine how much it will cost you to trademark your name in Canada. The total cost of...
How to trademark in Canada
Are you ready to trademark your business name and logo, but you aren’t quite sure how to get started? As a Canadian business owner (or an aspiring business owner), you have options for trademarking. We’ve explained them below, so that you can choose which option best...
How you can speed up the trademark process
How do you feel about having to wait 3.5 to 4 years to be able to prove you own your business name? We’re guessing you’re a little shocked and a lot disappointed. This is, unfortunately, how long it takes the typical Canadian small business owner to obtain a...
Protecting Your Canadian Brand Everywhere
Is the Madrid System Right For You? If you are looking to register your trademark in multiple countries, then the Madrid Protocol system may be ideal for you. Centrally administered by the World Intellectual Property Office (“WIPO”), the Madrid system enables...
Does your trademark tell your “place of origin”?
For the first time in Canadian history, a court has clarified the meaning of the phrase “place of origin” as referenced in section 12(1)(b) of the Trademarks Act (the “Act”). Under this section, a trademark that clearly describes (or deceptively...
Business Name Registrations vs Trademarks: Debate
Many small business owners make the mistake of believing they “own” their business name because they’ve registered it on a provincial business name registry. Just this past week, we had another case where an individual was using our client’s trademark as his business...
What’s Your Name Worth? Make it worth a lot!
Your name is one of the most valuable assets your business owns. Exactly how valuable depends on the name itself. Great names are worth a lot more than mediocre or bad ones. Before I explain, I want to clarify what makes a name truly great. In very simple...
Beware of Acronym Trademarks
Trademarks in the form of acronyms i.e., consisting simply of letters of the alphabet are generally considered to possess a low level of inherent distinctiveness. As is firmly rooted in Canadian law, trademarks on the lower end of the distinctiveness spectrum are...
SUBWAY vs “BUDWAY”, a Cannabis Parody Mark
Here we go, again. The Canadian Federal Court has yet again sent a strong message to cannabis retailers who (foolishly) try to piggyback on the fame and reputation of established Canadian brands. Over the years, we have seen a dramatic increase in the adoption...
How to Protect Your Brand on Social Media
Social media usage has increased dramatically amidst the Covid-19 pandemic. Businesses, from mom & pop stores to big-box retailers have increased social media usage as a means to connect with consumers and enhance sales. Generally speaking, the advent...
How to Search a Trademark: Is your business name available?
One of the most valuable ideas you’ll ever have is the name for your business. It’s valuable because it’s what the public will associate with your business. They’ll use it every time they buy your products and services. At least, that’s the hope! A name’s ability to...
Generic Marks and Genericism
Distinctiveness is the heart of a valid trademark. At its core, a trademark must actually distinguish, or be adapted to distinguish the goods and services of one provider from those of others. It is for this reason that generic terms are not protectable as...
Use it or Lose it … Federal Court of Appeal Provides Clarity on What Constitutes Trademark “Use” for Services on the Internet
Use is a fundamental concept in Canadian trademark jurisprudence. The Canadian Trademarks Act (the “Act”) confers priority rights to the first user of a trademark and codifies the common law entitlement of exclusiveness through use. Indeed, the statutory definition of...
The Most Common Trademark Mistakes Made by New Product Entrepreneurs
I recently participated on a panel discussion about what it takes to bring a product to market. I want to share with you some of the product trademark insights that I shared in that discussion. As a lawyer, unfortunately, I see far too frequently the results of...
Transformation of Madrid Protocol Applications into Canadian Trademark Applications
What happens to your Madrid Protocol trademark application if your home country trademark application is rejected? Let’s backtrack a bit. The international procedure under the Madrid Protocol (the Protocol) begins with a home application or registration, referred to...
All’s NOT Well in Fun and Games
Section 22 of the Canadian Trademarks Act - Depreciation of Goodwill, is fast becoming a popular mechanism for established brand owners in Canada seeking to protect their trademarks from dilution. In cases where claims of trademark infringement and passing off would...
CIPO WILL CALL YOU – Telephone Amendment Practice in Canadian Trademark Prosecution
In the interest of timeliness and efficacy, the Canadian Intellectual Property Office (CIPO) allows for certain amendments to pending trademark applications to be initiated by way of a simple telephone conversation between the trademark examiner and the applicant or...
Extensions of Time in Canadian Trademark Applications
Extensions of time in Canadian trademark prosecution are exceptional. The seemingly limitless ability to secure extensions in trademark examination is simply a thing of the past. Foreign counsel and domestic applicants should plan to instruct their Canadian counsel...
One “McMortgage” Coming Up………Or Not!
The Canadian Trademarks Opposition Board (the “TMOB”) has officially declared that a claim of depreciation of goodwill, can serve as a valid ground of opposition in trademark opposition proceedings. On October 5, 2020, the TMOB released a ground-breaking decision in...
What’s your Trademark?
Names, logos and taglines are the most common types of trademarks in Canada. Learn how to identify the trademarks that your business uses and how to protect them.
Madrid Protocol Trademark Applications: Foreign Trademark Counsel (and Applicants) Should Always Be In The Know!
Canada’s accession to the Madrid Protocol became effective on June 17, 2019. Since then, it has become a popular means of securing trademark protection in Canada. The Madrid Protocol offers businesses and innovators the possibility of securing trademark protection in...
Expert tips on choosing a unique trademark that your audience will remember
Whether it’s your text, your logo, a symbol, or design (or any combination of signs) used to identify your business as the source of certain goods or services, your trademark is your brand. It becomes what people remember.
[Video] A Cautionary Tale: What happens when you don’t register your trademark
A cautionary tale: Why you need to register your trademark, yesterday! Brian’s Story Part 2
In my last article, I talked about Brian’s trademark dilemma and what can happen when you don’t register your trademark. If you missed it, you can read it here. Now let’s dive a little further into what Brian can still do to enforce his unregistered trademark. Is all...
A cautionary tale: Why you need to register your trademark, yesterday! Brian’s Story Part 1
A case that I advised on recently illustrates how registering a trademark can save you thousands of dollars in legal costs of proving and enforcing your rights over an infringer. It’s a cautionary tale for not registering your trademark.
The first step to registering your trademark
Where do you start with small business brand protection? The first step to protecting a brand online using a trademark is the pre-filing search. This step is not mandatory, but could end up saving you a lot of time and money. It identifies any obstacles that are...
2 Ways to stop copycats from stealing your profits and affecting your bottom line, Part One
To remain competitive in times of crisis or uncertainty, it’s crucial for most businesses to cut unnecessary expenses in order to survive. One very satisfying way to cut costs without much effort is to stop copycats from stealing your profits.
When you read or hear about copycats, you might think of foreign businesses selling counterfeit products or non-existent services, a widespread practice that is very damaging to brands.
The most common type of copycat, however, is the one prowling in your backyard.
3 ways to prevent trademark infringement without breaking the bank
When you’re a small business owner, you don’t necessarily know what your rights and responsibilities are when it comes to protecting your business from trademark infringement. In this article, I’m going to take you through three ways to prevent trademark infringement by copycats of any size or industry.
How to protect your creative genius – a guide to the different types of intellectual property
As a business owner or creative professional, one of your most valuable assets is your intellectual property, the “creations of your mind” that you’ve developed for your own use or that of your clients. Or as I like to say, the products of inspired imagination – the...
How to preserve and protect your brand
Naming tips and DIY search strategies to make sure your brand is protected online We’re in the middle of an economic crisis and for most of us, it’s been a crazy couple of weeks (stating the obvious, I know!). But, what does this mean for your business? Is it a sink...
Copycats Thrive in Times of Crisis: Make Sure Your Brand is Protected Online
COVID-19 continues to be a growing concern. Spreading globally, countries are closing their borders, and provinces are scrambling to find the “right” level of new-normal, with shut-downs and shelter-in-place restrictions. One person called it “the defining moment of...
What Does Real Estate Have to do With Trademark Registration?
Plenty my friend, plenty. I’d go so far as to say it has everything to do with Markably - and its vision to protect online ideas as well as real world real estate! Heck, you built it. You should have a right to keep it safe. Today’s digital marketplace drives...
5 Reasons You Need to Trademark
Are you operating your business without a trademark registration? My name is Cynthia Mason. I am a Canadian lawyer and trademark agent, and I specilize in helping businesss. protect their brands. One of the most tragic situations I see as a trademark lawyer happens...
How to protect your trademark online
My name is Cynthia, and I’m a Canadian lawyer and trademark agent with Mason Professional Corporation and Markably.ca. We’re in this time of physical and social distancing, and in response, a lot of businesses are moving their products and services online. And so I...
Protect Your Online Assets Just Like Your Bricks and Mortar Real Estate
Would you stand by and allow someone to walk up to your front porch, unscrew your front door and walk away with it? Of course you wouldn’t! Well, picture someone walking onto your digital real estate - your online brand - and stealing and using to their advantage...
Consolidate Innovation
As the online world evolved, I realized what I called ‘housekeeping’ was a system. Systems are what make one half of the population glaze over. And the other half of the population the energy needed to put on that superhero cape and protect the brilliance of the...
“52 Pickup” Your Faith in Innovation
Who remembers the game 52 Pickup? Depending on the rules, it’s the game that became ‘Solitaire’ - one of the earliest ubiquitous pieces of gaming software that was built into our mainstream user systems. Random fact: Did you know that the first piece of...
Innovation needs an origin story, they said
Successful businesses don’t just pop out of the ether. Were that true, the world would be full of lazy (but rich!) entrepreneurs just sloth’ing around wallowing in their achievements, and there would be nothing left to invent or innovate! No, unfortunately (or...
How to Do Your Own Business Name Search
You have an awesome business idea and a great name to match. It’s the perfect blend of creative and suggestive, and it speaks volumes to your target customers. Someday it will be a household name. You’re already envisioning it on your business cards, website and...
How 30 Free Minutes Can Change your Business
I offer a free 30-minute consultation to all new or potential clients. This is not a sales call where I tell you how great it is to work with me (it is), or how you’re risking your shirt if you don’t (you won’t). I offer this time to get you started on properly using...
Ontario Craft Brewers Conference 2017
I will be attending the Ontario Craft Brewers Conference in Toronto today, and I couldn’t be any more excited! The craft beer industry in Canada is exploding. There’s new brands appearing almost weekly, and consumers have a lot of choices. The crowded market and fact...
Why Your Business Needs a Trademark Registration
A trademark registration is the easiest and most cost-effective way to protect a name or logo in Canada. Yet for so many companies, trademark registration falls to the bottom of the list of priorities, for when business takes off or there’s a little more money in the...