If you plan to file a trademark in Canada, your first step should be a trademark search. A business can register a trademark for many reasons, but without doing your due diligence, including a trademark search in Canada, you may find that all your hard work was for nothing.
Filing a trademark can be a complex process. Many people choose to hire an attorney to manage everything for them. Learning more about trademark registration in Canada will help you better understand the process and exactly why a trademark search in Canada is a must.
What Can You Trademark in Canada?
There is a wide-ranging list of things that you can trademark in Canada. You can use a trademark to protect logos, branding materials, and more. It is a way to distinguish ownership of a symbol, word, product, or process exclusive to whatever it is you produce.
In Canada, there are two categories of trademarks: “ordinary marks” and “certification marks.” It’s important to know the difference before you file.
Ordinary marks can be used to protect:
- Words, symbols, logos
- Sounds, shapes, colours
- Distinct packaging that is unique to your business
Certification marks can be used to protect:
- Goods, products, or services that meet a specific established standard
Ordinary marks are typically registered to a specific company or individual. Certification marks are granted to many users to denote that the product meets specific standards industry has set.
In most cases, intellectual property uses copyright for protection, but trademark registration in Canada may apply in some cases. If you are uncertain what type of trademark is suitable for protecting your property, it is always best to consult with the trademark office directly or contact an attorney.
What Cannot Be Trademarked in Canada?
While several things can be trademarked in Canada, there are, likewise, several things that cannot be, including:
- Generic logos or terms
- Anything deemed “too similar” to an already existing trademark
Trademarking is a powerful tool but it is not the right path for all types of intellectual property. Other tools that you may want to investigate before you decide on a trademark include copyright and a patent. Each of these protections is designed to protect specific intellectual materials.
Why Trademark Registration in Canada Is So Important
If you have ever purchased a specific brand of anything, then you have probably seen the ™ or ® symbol next to the brand’s name. These markers are used to indicate that a logo, brand, symbol, or combination of all is trademarked—or, at least, that is what we are led to believe.
The fact is, in Canada, no law governs the use of the TM or R-circle marks. In other words, if you want to make things look more official for your product or brand, you are free to use either without penalty.
However, if a company adopts these symbols to ward off competition, and there is an infringement, the property is not protected under the law. The only way to get protection is to register your trademark.
Registering a trademark provides legal security. A registered trademark protects against damage of reputation and infringement. For example, if another business or entity uses your trademark-protected logo to sell their products, you can sue them and collect damages. The law is clear when it comes to collecting statutory damages for the misuse of a registered trademark. Unfortunately, it is also clear about using unregistered trademarks.
An unregistered trademark has no power in and of itself to keep competitors at bay. It is more of a warning sign than a real form of protection. To get full protection for the intellectual assets you have worked so hard to acquire, you will need to register the trademark.
Many businesses choose to turn the registration process over to an experienced attorney. This is a more convenient way to get the registration done. The process can be time-consuming.
Canada Trademark Registration
You have decided that you want to protect your property with a trademark. Of course, the next question is: “How do you register a trademark in Canada?” Getting trademarks in Canada issued is a process that many business owners find challenging. Hiring an attorney with the right experience can help simplify the process.
The first step is searching the Canadian trademarks database to ensure that there is nothing like what you are trying to trademark already registered. Under Canadian law, you cannot be issued a trademark if it is “too similar” to an existing mark. Of course, the search to determine that similarity can take some time, and a DIY trademark search in Canada is guaranteed to not reveal a complete picture.
Why a Trademark Search in Canada Is Necessary
Starting the process of a trademark search in Canada is essential for a couple of reasons. The first reason is that you do not want to waste time trying to register something already registered. The second reason is that you may be able to register something that your competitor is using that they have not registered.
A trademark search should evaluate the obvious and not so obvious alike. For example, you want to search for trademarks that look exactly like what you are proposing. You also want to look for things that are not exact matches but similar to what you are proposing.
A good example is a colour scheme. Let’s say you want to register a trademark for a gold, blue, and green colour scheme with circles. During your trademark search in Canada, you find a company that has registered this colour scheme with ovals. The trademark is not exact but very much like what you are trying to trademark. Registering your trademark may lead to problems down the line because the schemes could be easily confused.
Ultimately, in the above hypothetical situation, you could still try to register your trademark, but you may run into some obstacles. A trademark search can leave you with more questions than answers. A lot of people choose to hire an expert to avoid some of the roadblocks of trademark registration.
What Happens After a Trademark Search in Canada?
If all goes well with the search, you move on to the next step: the application process. When all is said and done, this process can take about 18 months—longer if any errors occur along the way. One of the most common problems that can cause delays is not doing a thorough enough trademark search in Canada.
An application can get “kicked back” if the trademark authority finds that you are trying to trademark something similar to an existing trademark. Given how slow the process tends to be, you aren’t likely to get your rejection back immediately. You might wait months to receive an official determination, only to find yourself in a position of having to start the process all over again. You will also need to absorb the costs associated with doing so.
Trademark Registration Help
Getting a trademark in Canada comes with many benefits for your business, but it is a complex process. Getting professional can save you time, money, and the stress of going about it alone.
