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Basic Trademark Search
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Nine Advantages to Filing a Trademark

We won't waste your time with a fancy introduction. These 9 advantages to filing a trademark speak for themselves.

 
  
  1. The owner of a registered mark is granted the right to the exclusive use of his mark Canada-wide (country-wide) even if the mark is not used throughout all of Canada. The owner of an unregistered mark has protection, under civil law, within a confined geographic area where he enjoys an established reputation and goodwill.

  2. A registered mark enables the owner to take trade mark infringement proceedings in either Provincial Court or in the Federal Court of Canada.

  3. Infringement is easier to demonstrate, than Passing Off is to prove.

  4. There is a serious risk that licensing will damage or destroy the distinctiveness of unregistered marks. For registered trademarks, the risk of loss of distinctiveness is reduced by allowing the licensee to be registered as a "Licensed User", ensuring that the owner can maintain a suitable degree of control over the character and quality of goods and services sold or performed by the licensees of the trade mark.

  5. A registered trade mark may afford protection against a non competitor; (S-23 of the Act prohibits the use of a registered Trade Mark by anyone else "in a manner likely to have the effect of depreciating the goodwill attached thereto"), whereas an unregistered trade mark usually may be asserted only against a competitor.

  6. A registered Trade Mark becomes incontestable, in most respects, five years after registration. The un-contestable rule can operate to the serious disadvantage of a person who does not diligently seek registration while he is "entitled" to do so.

  7. Many prudent people conduct trade mark searches before they proceed with the introduction of a new product or service. Once registered, a trade mark will be brought to the attention of a potential user, thereby stopping any possible infringement right from the source.

  8. A trade mark registration usually enables the owner of a mark to seek registration in a foreign country, whereas registration in other countries may be denied if the mark is not registered in Canada.

  9. Corporate name searches (NUANS reports) are required for all new Canadian incorporations. A registered mark will appear on the corporate name search of the competitor. The courts are aware of this fact and will refuse to accept the argument that an 'infringer' has done all things possible to insure he is not infringing on the rights of a trade mark owner when he/she was required to provide a NUANS report prior to filing his/her articles of incorporation.



 

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