10 Advantages of Registering Your Trademark in Canada

1. Exclusivity and protection across Canada

With few exceptions, registering your trademark gives you nationwide protection. The owners of a registered trademark have the exclusive right to use it throughout Canada for the products and services described in the registration, even if they only use it in one area.

2. Protection even before the trademark is used

By filing your application for registration before starting to use your trademark, you avoid the risk of someone filing an application for registration of an identical or similar trademark that could cause confusion with yours. Indeed, the examiner analyzes several factors regarding confusion before approving the registration of a trademark and will issue an objection if they believe the examined trademark causes confusion with a registered trademark.

3. Maximize the value of your business

Having aregistered trademark guarantees that you are the legitimate owner.For this reason, registering your trademarks greatly increases the value of your business, particularly when it comes to selling it or attracting investors. Additionally, as intangible assets, your trademarks can be used as collateral to obtain financing for your future projects.

4. Incontestability

After five years from the date of registration, the registered trademark becomes incontestable against any third party claiming prior use of a confusingly similar trademark, unless it proves that the registered trademark owner acted in bad faith.

5. Facilitate legal action

6. Streamline international trademark registration

Registering your trademark in Canada can serve as the basis for an application for registration of an international trademark or an application in another country, such as the United States. Furthermore, when you file an application for registration in Canada, you have up to six months to file an application in another country to claim the Canadian date as the priority filing date. This privilege is recognized in most countries and protects you from third parties who may have filed a confusingly similar trademark in the meantime. You can therefore defer costs and plan your budget accordingly.

7. Publicity to third parties

The trademark register is a public register accessible to everyone online. Individuals who want to use new trademarks usually consult this register to verify their availability. Having your trademark on this register can serve as a deterrent, helping third parties avoid adopting a confusingly similar trademark or trade name.

8. Possibility of using a trademark in a language other than french in Quebec

With the recent amendments to the Charter of the French Language, any trademark in a language other than French must be translated for use in Quebec unless it is registered and no French version appears in the Canadian trademark register. This requirement will be mandatory starting June 1, 2025. Other obligations regarding the use of French still apply.

9. Protection mechanism on social media and online

Having a registered trademark can give you access to protection mechanisms against counterfeiting or unauthorized use of your trademark on social media like Facebook^® or Instagram^®. It also allows you to enroll in Amazon Brand Registry^TM to protect your trademark against the sale of counterfeit products on Amazon®.

10. Use of TM or ® symbols 

Although the use of these symbols is not mandatory in Canada, it is highly recommended. These symbols notify the public, including your competitors, that your trademark is registered. These symbols should only be used if your trademark is duly registered.

For any questions, please contact a member of our trademarks team.