What is a trademark? A trademark is a word, logo, design, sound, or other symbol that is used to distinguish the wares and services of one source from the wares and services of another. A trademark may also be formed from a combination of elements, such as word and graphic design elements.

We offer comprehensive advice in relation to all aspects of trademark law, including:

• Trademark searches
• Trademark registrability opinions
• Preparing, filing and prosecuting trademark applications in Canada, the United States, and throughout the world
• Initiating trademark opposition and cancellation (Section 45) proceedings
• Commencing trademark infringement and passing-off actions in the Federal Court of Canada and Superior Court of Ontario
• Anton Piller Motions
• Interlocutory and permanent injunctions
• Trade-mark licenses and assignments
• Brand management and consulting
• Domain name registrations

Do I have to register my trademark? Not necessarily. However, the registration of your trademark will give you, the owner, the exclusive right to use the trademark throughout Canada in relation to your products and services. The registration of a trademark also prohibits the use of that trademark by any other person in a manner that is confusing and/or likely to have the effect of depreciating the value of the goodwill attaching to the trade-mark.

Another person has applied for a trademark that is very similar to mine. What should I do? A person is not entitled to register a trademark if a confusing trademark or trade-name (i.e. business name) has been used in Canada prior to the date on which the company filed its trademark application. The Trade Marks Act provides that an interested party, including a registered trademark owner, may oppose a trademark application on the basis that the person applying to register the trademark is not the person entitled to register the mark or on the basis that the trademark is not distinctive.