In Canada, trademarks are governed
by federal legislation called the
Trade-marks Act. The registration of a
mark, which can be made up of words,
logos, a combination of words and
logos, sounds and/or colours, provides
to the owner a monopoly to the
use of the mark for the listed goods
and services across Canada. Because
trademarks are intended to identify
the origin of goods or services, a trademark
registration can prevent the use
or registration of a confusingly similar
mark by others in the same field, anywhere
in the country.
Taking the necessary steps to register
a trademark can prevent future
problems.
First, oftentimes, business owners
and their advisers select a name that
they find appealing. Satisfied that the
inexpensive name search conducted
for the provincial Companies Office
allows them to use the name in their
home province, they will proceed to
register the corporate or business
name and then use it in business, only
to receive a cease-and-desist letter
from the lawyers for an out-of-province
business in the same or a related field.
Sometimes, this results in the owner
having to change the business’s name,
which is not only embarrassing, but
can also be expensive. Worse yet, it can
lead to the owner being sued for trademark
infringement.
How does this happen? And
how can it be prevented? It happens
because, often, the search
required to obtain a business name
“Without a registered
trademark, unless the
business owner has a
nationwide reputation,
nothing can be done
to stop others from
using the same name
to identify their own
goods or services
in other parts of
the country.”
LEGAL
RAWPIXEL.COM/SHUTTERSTOCK.COM
PILING CANADA 63
/SHUTTERSTOCK.COM
/SHUTTERSTOCK.COM
/SHUTTERSTOCK.COM
