Written By: Stephanie Williams (IP Lawyer) & Carolyn Moore (Law Student)
Trademark registration provides protection and adds value to asset portfolios. When looking to grow your business, a strong economy, varied demographics, and developed intellectual property laws make Canada an ideal country for trademark protection.
Here are the top 10 reasons why you should file for trademark protection in Canada:
- National Brand Protection: Canadian trademark registration provides protection throughout Canada, giving you exclusive rights to use the trademark across the country.
- Valuable Intangible Asset: Registered Canadian trademarks are financial assets that can be bought, sold, licensed, and transferred.
- Avoid French-Language Requirements: Unregistered trademarks must be translated to French for use in Quebec. Canadian trademark registration will exempt businesses from the translation requirement that might otherwise require expensive package redesign and product modification.
- Placement on the Canadian Trademarks Database: Registered Canadian trademarks are added to the national trademark database, which is publicly accessible. This makes your brand searchable and will help avoid disputes with other companies.
- Participation in the Madrid Protocol: Canada joined the Madrid Protocol in 2019, which allows you to obtain international trademark protection by filing one application, in one language, with payment made in one currency. This simplifies and expedites global trademark expansion.
- Broader and More Cost-Effective Enforcement: Registered Canadian trademarks benefit from a presumption of validity across the country. This reduces the burden of proof on the trademark owner, making enforcement easier and less expensive. There are also more enforcement tools available to owners of registered trademarks, as some legal grounds of enforcement are exclusively reserved for registered trademarks.
- Avoid Trademark Cybersquatting: If you only have registered trademarks in other countries, you may be vulnerable to trademark cybersquatting in Canada. Registering your trademark in Canada will help prevent cyber squatters and provide you with strong legal recourse.
- Stable and Reliable Economy: The stable economy makes Canada an attractive destination for global investment. Investing in Canadian trademark registration gives your brand/business a competitive portfolio.
- Diverse Testing Markets: Canada’s unique and culturally distinct geographical regions across the country make Canada an ideal testing market with a diverse consumer base.
- Border Protection from Counterfeit Goods: Canada and the US share the largest international land border, where millions of goods are imported/exported each day. Owners of registered Canadian trademarks can request assistance from the Canadian Border Services Agency to prevent importation of counterfeit goods.
In today’s fast-paced economy, trademark protection must not be overlooked or postponed. Strong intellectual property laws and a global reputation in innovation make Canada a desirable location to secure your brand rights with trademark registration.
If you have questions about how you can protect your intellectual property in Canada, do not hesitate to contact one of our experts today!
