Learning About Trademarks In Canada
Trademarks can be defined as the unique symbol, design, or words that identify a particular product produced by a particular company. These symbols help in distinguishing products and services on the market. In Canada, the issue of trademarks has brought up a lot of confusion among proprietors with new investors seeking advice on how to trademark in Canada. The truth is that, there is a lot to learn about trademark laws in Canada. There is also a lot of information circulating on the internet and other types of media on how to trademark in Canada. It would be very helpful and wise for you to try and understand a few issues about trademarks in Canada.
The first thing that you should really be concerned about is to understand what trademarks in Canada and other parts of the world is all about. According to law makers in Canada, trademarks are a mark that is specifically used by businesses with an aim to distinguish products and services produced, manufactured, and sold by a particular company from other companies and competitors. In the Canadian trademark act, a trademark is defined as a logo or a symbol associated with products and services for their easier identification.
However, for you to trademark in Canada without a problem, you have to understand a few issues properly. You should not confuse trademarks in Canada with a trade name because they are totally two different things. Most of the upcoming investors assume that they can acquire a trademark in Canada by virtue of registering for trade names. A trade name is a name that a particular proprietor uses to identify their business - it may even be a corporate name. What's more, such registrations cannot confer any proprietary right to the trade name. Trademarks on the other hand, may be incorporated in the trade name. What's more, a trade name can be registered as a trademark in Canada, but for you to enjoy the rights of using such a name as your trademark, you must find ways to prevent other proprietors from using the name confusingly and without consent.
Once you have understood how to trademark in Canada, it is important that you look at some of the many advantages of having a trademark in Canada. There are quite a number of benefits that you will enjoy by registering a trademark in Canada for your business. For instance, by registering a trademark, you are given the sole right to use that mark as a symbol of your products or services on the market. Also, in the event that there is a dispute of ownership, the burden of proof lies with the challenger.
Another importance of registering a trademark in Canada is that it saves you the cost of getting into legal disputes over the ownership of the mark, some of which can be lengthy and costly. However, though it is not mandatory to register a trademark in Canada, there are several requirements that you must fulfill for your trademark to be registered. For instance, you have to pay a small fee of about $300 in order to officially register your trademark for your company.
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