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Why Your Business Needs a Trademark Registration

Oct 18, 2017

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 bank.

I’m here to tell you – don’t wait. File an application. You can do it yourself if you have to. Just do it early in your business planning. A trademark application filed before you even begin using a name will protect your right to use that name over others who would have a similar intention.

There are so many reasons that trademark registration is part of a successful business plan. I’ve set out below my top 4 reasons to register a trademark in Canada. If only one of these reasons speaks to you, I will consider my work here to be done.

Exclusive Rights Across Canada

First, a Canadian trademark registration will grant you the exclusive right to use the mark throughout all of Canada. This is especially beneficial to start-ups which tend to be very localized in the beginning. If, for example, you start selling a line of skin care products at a local market or pop-up shop in your community, without a registration or pending application, it would be very difficult for you to prevent the same name being used on a similar product in another city. You have no enforceable rights outside of the limited area where your products are sold. You may not care in the beginning, and you don’t want to waste resources on filing a trademark application. But will you care about that confusing name when your product takes off, you start selling it over the Internet and retailers across Canada want to carry it? A trademark registration expands your rights across Canada, including to markets where you don’t currently have a presence.

Obstacle for Later Marks 

Second, a trademark registration serves as notice to others of your rights. This is important when companies are searching to determine the availability of a mark for their own use or they have filed an application to register a mark. The trademarks register is an important database of prior marks, and you want your registration or application to come up in a trademark search as an obstacle for later confusing marks.

Speaking of which, did you search the trademarks register before you started using your own name?

Basis of United States Registration

Third, a Canadian trademark registration can serve as the basis of an application to register your trademark in the United States. Most Canadian businesses plan to eventually sell products and services in the bigger American market. Your Canadian registration will enable you to obtain a United States trademark registration even before you start actively marketing in that country.

Proof of Ownership for Online Trademark Disputes

Fourth, a Canadian trademark registration will help you enforce your rights online. Google will stop a third party from using a registered trademark in AdWords text, and most of the social media platforms and online marketplaces require you to establish your ownership of a mark to report a complaint of infringement. A trademark registration is easy proof of the ownership of a mark.

Considering all these benefits, you may be surprised to learn that a Canadian trademark registration costs less than $500, if you file and prosecute the application yourself. A trademark agent will cost a bit more, but they will take care of the entire process for you and ensure that your registration protects your business in the broadest possible terms.

So now that you know a few of the benefits of trademark registration, what are you waiting for?

In the comments below tell me what obstacles are standing in your way to registering your business name as a Canadian trademark.

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Cynthia Mason

I am a Canadian lawyer and Trademark Agent, and I specialize in helping businesses protect their most valuable business assets – their trademarks.

I landed my first job in the intellectual property group of a major national law firm in 2001. Despite having an undergraduate degree in science, from day one, I was drawn to trademark law. Why? Because trademarks are imaginative and dynamic, and so are the people who create them.

But the legal services offered in the big firm environment don’t allow for personal connections and tailored advice. At least not without a shockingly large bill at the end.

I was sure there had to be a better way. Spoiler alert, I was right.

In 2014, I created Mason PC, a boutique trademark law firm, to connect with clients and provide personalized expert help in the field of trademark protection.

I’m ridiculously proud of the clients we serve. They’re out there changing the world with innovative ideas and remarkable brands. A few of the businesses I have helped over my near 20-year career include:

  • An upstart Canadian passenger airline search and register their new name in Canada and the United States.
  • An award-winning Canadian children’s label maker search and protect their trademarks in global markets.
  • A professional race car driver register his personal trademarks in Canada.
  • One of North America’s largest food manufacturing companies with their Canadian trademark searches and registrations.
  • A major Canadian wine producer protect their wine marks in Canada and key export markets.

Not every client is a celebrity or a multinational corporation. Trademark protection is just as important for startups as it is for global businesses. So, in recognizing that not all startups have the resources to hire a trademark lawyer to provide custom brand protection services, I created Markably™, an online DIY trademark registration platform to help entrepreneurs and startups expertly and inexpensively protect their name and logo while they’re building a profitable business.

And that’s what brought me to where I am today. I continue to be fascinated by trademark law, and I love using it to help our clients launch and grow amazing brands.

But I wasn’t always a trademark lawyer.

I actually thought I wanted to be a doctor. But when I realized I don’t like blood, or Birkenstocks, and I act like a drunk when I don’t get enough sleep, I thought I should explore some other options…

Chef? Seamstress? Prime Minister? Ice cream tester?

My dilemma was solved in one evening with a fortune cookie that said, “You would make a good lawyer.”

Since cookies never lie, I headed to law school and landed my first job as a fancy-pants Bay Street lawyer.

I stayed there for 10-years, but I never really fit. The small-town girl from the East Coast was screaming from inside to lose the stiff suit and fake smile. Plus, life just isn’t about billable hours, or 12-hour days being worn like a badge of honor. It’s about connecting with real people and making a difference in someone’s life. Anyone’s life.

So, I packed my bags and headed back east where the warm people grow. I got side-tracked in Ottawa by a handsome German cabinet-maker, and this is where you can find me now. On a farm west of Ottawa, with my German, two semi-German boys, our dog and a flock of chickens.

And when I’m not valiantly defending my clients’ trademarks and helping them expand to new markets, I’m happily spending my time mastering the art of schnitzel-making, teaching my boys to be super-heroes, and trying every day to live up to my fortune.

LinkedIn: www.linkedin.com/in/masonpc