Written by: Julie Beaudry (IP Associate)
Halloween is full of tricks, but your trademark strategy shouldn’t be one of them. Here are four common trademark myths that could come back to haunt your brand.
Trick #1: “I registered my business name, so my trademark is protected”.
Registering a business name does not, by itself, give you exclusive trademark rights. Rights can arise through use without registration, but their scope generally depends on where you have established reputation and goodwill.
The treat: Trademark registration. A Canadian trademark registration gives its owner the exclusive right to use the trademark throughout Canada for the registered goods and services. It also makes your rights easier to enforce.
Trick #2: “No one has registered the exact same trademark, so I’m in the clear”.
A trademark doesn’t have to be identical to be confusing. The question is whether consumers would likely think the goods or services come from the same source. That depends on how the marks look and sound, the ideas they suggest, how distinctive and well known they are, how long they have been used, and the nature of the goods, services and trade.
The treat: Trademark registrability searches. Before investing in a new name or logo, a trademark search can identify conflicting registrations, pending applications, and unregistered trademarks or trade names. Looking beyond exact matches on the Trademarks Register helps uncover risks early.
Trick #3: “Once my trademark is registered, I can forget about it”.
Trademark protection needs ongoing attention. Canadian registrations issued or renewed since June 17, 2019, last 10 years and can be renewed every 10 years. Once a registration is three years old, you may be required to show use in Canada during the previous three years. Without that evidence, or special circumstances excusing non-use, the registration may be cancelled or narrowed.
The treat: Portfolio management. A licensed trademark agent can help you track renewal deadlines, keep appropriate records of use, and review your protection as your business evolves. Don’t let your portfolio gather cobwebs.
Trick #4: “My Canadian trademark registration protects my brand worldwide”.
Your website may reach customers around the world, but your Canadian registration protects your trademark only in Canada.
The treat: An international strategy. If you sell abroad or plan to expand, consider searching and protecting your trademark in your key markets first. A trademark agent can help you choose where to file and how. That way, you avoid surprises when you cross borders.
This Halloween, leave the tricks to the trick-or-treaters. A thoughtful trademark strategy protects your brand long after the decorations come down. Contact one of our experts today for more trademark tricks!