A trademark is a word, a symbol, a design or any combination thereof used in association with wares (products) or services. It is a useful tool for distinguishing the wares or services of one entity from those of others in the marketplace. A trademark may come to represent not only wares and services, but also the reputation of the provider of such wares and services. As such, a trademark may constitute valuable intellectual property.
Registration is proof of ownership and therefore a key way of protecting a trademark from misuse and imitation. Registration is not obligatory but is recommended because it is a way of verifying the exclusive right that is established through using the trademark in relation to specific wares or services. It is important to realize that, while registration affords the greatest possible legal protection against infringement or misuse of a trademark, it is, and can never be, a failsafe guarantee against all problems relating to trademark usage. Furthermore, registering a trademark with the Canadian Trademarks Office protects rights in that trademark in Canada only. Where an entity is providing wares or services in association with a given trademark in other countries, registration in each of such other countries should be considered.
In Canada, registration of a trademark consists of having the trademark entered on the Trademarks Register of the Trademarks Office of the Canadian Intellectual Property Office of Industry Canada. The entire process takes approximately ten to twelve (12) to eighteen (18) months, unless there are opposition proceedings, in which case the process can be much longer. To view the application steps click here.
For more information on Canadian trademarks, click here.
U.S. trademark applications can take also anywhere from 12-18 months from time of initial filing to approval for registration. However, this timeline make take additional time depending on the specifics of each application, the timeliness of responses by the applicant and whether opposition proceedings are commenced and litigated. To view application steps click here.
For more information on U.S. trademarks, click here.