Trademarks

The Trademarks Act contains several grounds for refusing an application for registration of a trademark. It is a long and sometimes complex process that requires a thorough knowledge of trademark legislation and the requirements to be met.

In Canada, the registration is valid for 10 years and is renewable indefinitely if the trademark is used in the manner prescribed by the Trademarks Act. To keep your trademark secure, it is necessary to know how to protect your rights. Indeed, certain actions can weaken your registration and lead to its cancellation. A registered trademark confers exclusive rights throughout Canada if certain conditions are respected. For example, the mark used must be the same as the one registered and the owner of a mark must control the characteristics or quality of the goods and services offered under its mark. Our trademark agents can advise you on how to best protect your trademarks.

Canada joined the Madrid Protocol in 2019. Canadians can now obtain an international trademark registration. The Madrid system, which allows for the filing of a single application designating multiple jurisdictions, is often less costly than filing applications in each country where protection is needed. However, it also has disadvantages, in particular because of the period of dependence on the Canadian application or registration. This means that a loss of rights for the corresponding mark in Canada will result in a loss of rights for the international registration for all designated countries. Our experienced trademark agents will be able to advise you on the optimal strategy for your needs.

We are also here to represent your interests in opposition or summary cancellation proceedings. Our professionals can represent you in an administrative dispute before the Opposition Board.

A trademark is an intangible asset that can be transferred or licensed. It can also be the basis of a franchise agreement. Our professionals can draft contracts adapted to your needs.

Our litigation team can represent you as the plaintiff as well as the defendant for all your intellectual property cases. We prepare your cases thoroughly and carefully. Please contact us for a consultation.