intellectual property services
Trademark Services
Our services encompass trademark registration and prosecution, ensuring your intellectual property law needs are met. We perform thorough trademark searches to help you secure your rights. Additionally, we facilitate license agreements tailored to your business requirements, ensuring compliance with confidentiality and NDA’s. We also draft non-competition agreements and provide guidance on privacy and data protection. Our team conducts comprehensive searches and due diligence, along with creating software agreements to protect your assets.
TRADEMARK Services
What is a Trademark in Plain English?
Quite simply, a registered trademark allows you to have comfort and ownership of a unique, distinct, and distinguishing identity in the marketplace. A trademark "DISTINGUISHES" your goods or services from those of others; it tells the world that your goods or services come from one source. Let us know about any special elements, such as a logo, name, or slogan, that you use to promote and distinguish your business, and we can help!
Is a business or trade name the same as a trademark?
A trade or business name, although often used to conduct your business, does not provide the exclusive ownership that trademark registration does. Under intellectual property law, only a registered trademark can offer you that level of protection.
Why register a trademark?
The only way to own a mark that is enforceable across Canada (or with the governments of other jurisdictions, if they meet the necessary criteria) is to register it with the Canadian Intellectual Property Office. Registration is valuable because it grants you a MONOPOLY on the use of the mark across Canada for 10 years and is an essential step in protecting your intellectual property.
When does one register a trademark?
Getting legal advice on the mark you propose to use can save a lot of future time, trouble, and cost. We recommend applying for a trademark on or before you begin to market or promote your brand or identity with your unique mark, ensuring you have the necessary license agreements in place.
What can’t I register?
There are a few easy restrictions to be mindful of regarding what you cannot register as a trademark: (i) a surname; (ii) a trademark should also not DESCRIBE your goods or services; or (iii) be confusingly similar to a trademark used by a competitor (this would be considered INFRINGING on your competitor’s rights).
How long is the trademark registration process?
The trademark application process takes at least 14-18 months if there are no obstacles, and longer if there are. There is no guarantee that a trademark will eventually be registered.
