TRADEMARKSOrganizations of all dimensions need to protect their intellectual property, but since they do not have unlimited budgets to do so, our Toronto trademark lawyers provide strategic business solutions at affordable fees. Wewillprovideyouwithqualitylegaladvice,specializedcounsel,andcommittedandeffectiveservice.A trademark is a symbol, word, or words that identifies the source of goods or services. The word(s) or symbol (i.e., the “mark”) becomes a trademark either by legal registration through the trademark filing process, or by common law use.The Canadian Intellectual Property Office (CIPO) Trademarks e-Filing service is responsible for processing a trademarks application. When one registers a trademark, one gets the sole right to use the mark across Canada for 15 years. One can renew a trademark every 15yearsafterthat.Technically, a registered trademark is one that has been entered in the Register of Trademarks. The Registrar manages the Register. Registration is direct evidence that you own the trademark. (In a dispute, the registered owner does not have to prove they own the trademark;thedutyisonthechallenger.)You do not have to register your trademark; by using a trademark for a certain length of time, you can come to own it according to common law. However, if you use an unregistered trademark and end up in a dispute, you could be looking at a long, expensive legal battle over who has the right to use it. If you fail to actually use the mark for a long time, your registration may be taken off of the Register of Trademarks, which will make it more difficult to prove legal ownership of the trademark.
Copyright by Bobila Walker Law LLP
Tell us how we can help. Book your initial consultation. Call 416-847-1859 or you can send us an email.