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Trademarks links: Main page About the law Articles FAQs Fees Lawyers And... Other areas Reference links |
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In infringement cases, a registered trademark owner has advantages over an unregistered
trademark owner.
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Formal Ownership A registered owner of a trademark does not have to prove ownership. Registration is proof enough. An unregistered trademark owner must establish his or her ownership to the trademark in court. You can demonstrate ownership by showing how your mark has been used: receipts, advertisements, and so on. A rival, however, may have records more convincing than yours. If so, they may be able to prove you were second and not the first to use a particular mark. This can result in a lengthy and expensive legal dispute. Top of Page Rights Across Canada Generally the rights that arise out of registration extend across Canada. You are entitled to stop others from using your mark anywhere even if you have not used your trademark in certain parts of Canada. Unregistered trademark owners will likely be restricted to the geographical area where first use of the mark is proven. You may even have to take court action in each province. Top of Page | |||||||
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More questions? Consider contacting a lawyer on our Intellectual Property Lawyers Page for a consultation.
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Legal disclaimer: The information provided on Lawyers-BC.Com is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. Your access to and use of this Web site is subject to additional terms and conditions. This page last updated: November 30, 1999 © copyright 1999 Lawyers-BC.Com Services Ltd. |
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