About Trademarks

It's said that "A good name is preferable to great riches".  In business, a good brand name is often the key to success.  A trademark identifies your business, quality and ensures return business.  By law you are entitled to protect your trademark, which can consist of words, design or logo.

Legal rights to a name may be earned by use in the market.  For example, if you have operated "Hamburger Harry's" for 5 years, and advertised and promoted your business such that other Canadians know who Hamburger Harry is, you may have rights to the trademark "Hamburger Harry"...even if you haven't registered your trademark.

You can also formally register your trademark with the Trademarks Office.  This office receives and maintains a data bank of Trademarks across Canada.  You don't have to register a trademark but registration does offer advantages.

Once registered or if earned through usage the mark becomes your property.  You own it with the same protection that comes with your car or house.  No one is entitled to use words identical or confusingly similar to yours.

This section tells you the important details of trademark law:  what's involved in choosing a name, the steps to register, costs and some frequently asked questions.  We also reveal how the law will assist you when competitors use your trademark name.