Author: Sarah Nadon - Law Student
Edited By: Ryan Carson
Trademarks are words, phrases, designs or a combination of all, used to distinguish the goods and services of one business from another. If you are building a brand, it is important to register your trademark to prevent infringement.
Registered trademarks are trademarks that have undergone the registration process through the Canadian intellectual Property Office. They are protected by the Trademarks Act RSC, 1985, c T-13 and give the owner of the trademark the exclusive right to use the trademark throughout Canada.1 The Act also protects against trademark infringement. The trademark is said to be infringed under the Act by any person who is not entitled to use the trademark under the Act and who sells, distributes or manufactures the trademark.2
Unregistered Trademarks
Similar to a registered trademark, an unregistered trademark is a symbol, word, phrase or a combination of such, to represent goods and services. An unregistered trademark has not undergone the registration process through the Canadian Intellectual Property Office. While one does not have to register their trademark, by using a trademark for a certain length of time, one may have rights under common law. However, unlike registered trademarks, unregistered trademarks are not protected under the Trademarks Act. While using a trademark over time may grant you some rights over the trademark, proving infringement is generally more costly and time consuming than a registered trademark.
The Main difference between a registered trademark and an unregistered trademark is the amount of protection awarded to each. A registered trademark has statutory protection while an unregistered trademark does not. Finally, if a trademark is not registered and is being used, it will be costly and time consuming battle over the right to use the mark.
Articles written by Sarah Nadon:
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Trademark Registrability
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Disclaimer
The content on this web site is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this web site are advised to seek specific legal advice by contacting members of Carson Law, Carson IP, or their own legal counsel regarding any specific legal issues. Carson Law does not warrant or guarantee the quality, accuracy or completeness of any information on this web site. The articles published on this web site are current as of their original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose.
References
1 Trademarks Act RSC, 1985, c T-13, s.192 Trademarks Act RSC, 1985, c T-13, s.20