What is a Trademark?
A trademark or trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. The federal government's explanation on the protection of your intellectual property is important to understand and is mentioned here. Register your trademark to protect your Business Name, Website Name - domain name, Logo, Name of your product or service and Company Slogan.
According to the intellectual property law (trademark law), a trademark or trade mark (represented by the symbol ™ or ®) is a distinctive sign or indicator which is used by an individual, business organization or legal entity to identify and to distinguish its products or services from those of other entities. A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. Trademark can also be sold or licensed to other parties.
Did you know that the only way to protect your business identity and intellectual property in Canada is to register a trademark?
This is what the federal government has to say about protecting your corporate name. (The same would apply to any business name)
- "The granting of names under the Canada Business Corporations Act does not protect you from earlier or subsequent trade-marks of other parties."
- "You may wish to conduct your own NUANS searches on a periodic basis after your name has been approved. This would be done in order to ensure, to your own satisfaction, that no confusing corporate or business name has subsequently been approved in the jurisdiction(s) in which you are carrying on business, and to give you up to date information about trade-marks that have been applied for or registered subsequent to the granting of your corporate name."
- "Using a corporate name which is similar to a registered trade-mark may result in liability for infringement of the registered trade-mark even if the trade-mark was registered after the corporate name was granted. This is so because, under trade-marks law, the holder of a corporate name bears the responsibility of ensuring that no new trade-marks are registered which are confusing with that name."
- "Registration of a trade-mark is the best way to obtain the exclusive right to use the mark in all of Canada in association with the products and services for which the registration is obtained. While the Trade-Marks Office can provide basic guidance, it is recommended that a specialist be consulted."
Yes, it is a fact. Anyone in Canada can apply and register a trademark that may force you to change your corporate or business name. Think of the potential costs you may incur. Such costs like legal fees, changes to your marketing material, even simply changing your stationary, all cost money. What about a major inconvenience and loss of name recognition? Trademark infringement could be devastating for a small business.
If your business name, slogan, website, name of a product or service you provide is valuable to you, you must protect it. Simply placing a (™) mark beside the name offers you zero protection. You must have a registered trademark and use the (®) mark.
A one-time registration offers you 15 years of protection and you can always renew your registration for an additional term.
If you choose to protect your interest and register a trademark, we would like to help. A standard registration requires between 12 and 18 months to complete, however you get priority protection from the first day of filing your application. A standard trademark application filing is available for only $249 plus government fees. Our job will be to prepare and file the necessary documents with the federal government on your behalf. We also offer a professional trademark-filing package for $395 plus government fees. This package includes a detailed review of trademark coverage and if required, a personal consultation with our trademark specialist.
Orders can be easily placed online, by fax or mail.
We are always available to provide you with additional information or assist you with registration. Please contact us at 416-226-2921 or toll free at 1-877-226-2921 if you require assistance.
Register a trademark to protect your:
- Business Name
- Website Name - domain name
- Name of your product or service
- Company Slogan
The process starts with a Trademark Search. The cost is $39.95 plus GST. You will receive a report that identifies all similar existing trademarks to the one you are proposing. This report will assist you in making a decision to proceed with registration or make amendments to the proposed trademark.
If the proposed trademark is not used by anyone else, you can proceed with filing your trademark application.
Business Development Centre provides complete Trademark filing services.
Our fees start from only $99* plus taxes and government fees.
The registration process takes approximately from 12 to 18 months and in many cases includes numerous amendments and correspondence with the Office of Canadian Intellectual Property. As such it is wise to select a package that matches your skill level and budget. Please note that only Professional Package includes follow up support and up to 3 formal replies to inquiries from the Trademark Examiner.
Please note that Business Development Centre cannot provide you with legal advice or representation and will not be acting as your attorney or trademark agent. If you require legal advice, you have to speak to a lawyer.
Order your free guide to Trademarks to learn more about protecting your Intellectual Property. The guide will arrive via e-mail in several chapters. You should receive the first chapter shortly. This guide will allow you to have a better understanding of trademark registration processs.
All information will be provided free of charge and delivered via e-mail in several chapters, one chapter per day.
However, if you can't wait to learn about trademarks in Canada, you can order the entire Guide to Trademarks and download it right now for $9.95 plus tax.
To ensure complete security of your information you will be directed to our secure website for submitting your application.