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Do You Really Need a Trademark?

Updated: Mar 29

Having a trademark is an important step for any business, as it provides legal protection for their product or service. A trademark is a unique identifier, generally a logo, name, slogan, or other symbol, that allows consumers to distinguish one product or service from another. But, do you really need a trademark? In this blog post series, we will explore the pros and cons of trademarking and help you decide if it’s the right choice for your business.

What is a Trademark?

Trademarks are typically used to protect intellectual property such as logos, words, slogans, designs, and also the non-traditional marks, such as sounds, shapes, and scents. When you register your trademark with the Canadian Intellectual Property Office (CIPO), you gain exclusive rights to use that mark for commercial purposes across Canada. It also prevents other companies from using your mark for their own benefit. In addition to preventing confusion in the marketplace, trademarks can also help increase brand recognition and provide added value to products or services. By registering a trademark, you can help ensure that your products and services stand out among the competition and build customer loyalty.

What can be Trademarked?

It's important to ensure that the mark you choose is distinctive and not too similar to existing marks in order to be approved for registration. Trademarks that are considered strong are typically creative or unique, setting you apart from your competitors. A generic or descriptive term generally cannot function as a trademark and will most likely be refused registration by CIPO.

It's important to note that trademarks must be used in order to remain valid. This means that you must use your trademark in association with the goods or services that it represents in order to maintain its validity. If your trademark is not used in Canada for an extended period of time, it may become vulnerable to cancellation by another party.

(cont'd on next blog post)


Trademark registration is one of the most important things every business must consider. We all know how hard it can be to find a good trademark, but when you do, there's no better feeling than having full control over your brand name and intellectual property.

Don't forget that the look and feel of your brand can either make or break your business – do you really want the uncertainty of losing it because you failed to protect it?

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