UNDERSTANDING TRADEMARK LAW
A trademark is a unique identifier that distinguishes a brand from its competitors.
Trademarks can be symbols, words, sounds, moving images, shapes, or colours that consumers will easily associate with a company. In Canada, trademarks are registered through the Trademarks Branch of the Canadian Intellectual Property Office (CIPO), and are recorded in the trademarks register.
Trademarks are a vital part of building a recognizable, trustworthy brand. RMH has the knowledge and expertise to ensure that your brands and trademarks are protected.
WHY TRADEMARKS ARE IMPORTANT FOR INTELLECTUAL PROPERTY PROTECTION
Trademarks are important for establishing a brand’s identity. They can inspire trust and loyalty among consumers by signalling the authenticity of a product among others. Effective trademarks, such as catchy taglines or colourful logos, have the power to attract consumers’ attention and influence the mindset of a wide demographic. Through savvy marketing, you can build a trademark into a valuable asset.
This is especially important considering that markets tend to grow over time. This increases competition, which amplifies the need for recognition. Keeping consumers and investors interested in a product can require a considerable amount of branding and marketing time and resources.
Trademarks protect this investment. They offer legal recourse against the misuse and/or appropriation of what makes a company unique. They also prevent imitators from attempting to capitalize on the success of a popular brand. Our agents and associates routinely help clients navigate the process of acquiring and defending their trademarks.
HOW RMH CAN HELP YOU WITH YOUR TRADEMARKS
Our goal is to provide quality trademark services so our clients can focus on growing their brands. The agents and associates at RMH provide services that cover all aspects of trademark law, including acquisition, maintenance, enforcement, and litigation. Our firm is experienced in managing Canadian and international clients. We are connected with a global network of associates and can help clients obtain trademark registrations in foreign jurisdictions. We also act as Canadian trademark agents for foreign clients and trademark attorneys seeking to obtain trademark registrations on behalf of their clients in Canada.
We help our clients with the various stages involved in protecting their trademarks. These stages may include a trademark search in addition to the prosecution of the trademark application prior to registration. A trademark search helps determine whether a proposed trademark may be confusingly similar or identical to an existing one that has already been filed or registered.
We also assist clients with filing and prosecuting their trademark applications. Once a trademark has undergone prosecution and has not been opposed, it will proceed to registration. While it is not necessary to use the trademark prior to registration, all Canadian trademark registrations are vulnerable to cancellation three (3) years after the registration date via non-use cancellation proceedings. Trademarks in Canada are granted for 10-year terms, with renewals for additional 10-year terms available thereafter.
In the event of infringement, we offer legal services to protect our clients’ rights regarding their trademarks. These include sending cease and desist letters, requesting cancellation proceedings, drafting license agreements, and litigating disputes.
Search the Canadian Intellectual Property Office’s Trademark database.
Feel free to contact us if you have any questions regarding our trademark services, or to arrange a confidential telephone appointment with our knowledgeable staff.
We are conveniently located at the northeast corner of Yonge and Bloor Streets in Toronto. Our offices are located on the 18th floor at 2 Bloor Street East.
Riches McKenzie & Herbert LLP
2 BLOOR STREET EAST, SUITE 1800,
TORONTO, CANADA M4W 3J5
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