Should Your Trademark Be Owned by Your Company or You? 🇨🇦

When you start building your brand, one of the most important decisions you’ll make is who should actually own your trademark. In Canada, this is more than just a technicality: it can affect your legal rights, your business value, and your ability to grow.

Here’s a breakdown of why company-owned trademarks are usually the safer, smarter choice, and when owning it personally might still make sense.

Who Can Own a Trademark in Canada?

Under Canadian law, a trademark must be owned by the person or entity that is actually using it in the normal course of trade.

• If your company uses the brand, the company should be the trademark owner.

• If an individual uses the brand, such as a personal coach or solo entrepreneur, the individual can own it.

  
  

⚠️ Important: Simply filing a trademark in your personal name while your company uses it can create problems down the road. CIPO may question the use, and enforcement against infringers can get messy. I can help you be prepared and manœuvre this situation.

Advantages of a Company-Owned Trademark

1. Clear ownership and control

   
   

   The trademark belongs to the business, not a person. This avoids disputes if you bring on co-founders, partners, or contractors.

   
   

2. Better for investors and buyers

   
   

   Canadian investors expect the business to own its core IP. Having the company as the owner streamlines due diligence and can increase your business value.

   
   

3. Alignment with actual use

   
   

   Trademark law prioritizes who is using the mark. If the company is using it in commerce, the company should own it.

   
   

4. Simpler enforcement and licensing

   
   

   The company can enforce the trademark, license it, or expand into new offerings without relying on personal agreements.

   
   

5. Continuity and longevity

   
   

   The trademark remains a business asset even if leadership changes, shareholders change, or the company is sold.

   
   

6. Clean accounting and tax treatment

   
   

   Company-owned trademarks are recognized as business assets, which makes accounting and tax planning much easier.

When Individual Ownership Makes Sense

Owning a trademark personally can still be appropriate in some situations:

• You are a personal brand (e.g., a coach, author, or influencer using your own name).

• Your business is a sole proprietorship and not incorporated yet.

• You want to license the brand to multiple entities intentionally.

  
  

Even then, it’s important to document usage and agreements carefully to avoid future headaches.

Canadian-Specific Considerations

• Assignments are not automatic: If you initially file in your name but want the company to own the trademark later, you must formally assign it and record the assignment with CIPO.

• Use matters: CIPO will expect the trademark owner to be the entity that actually uses the mark in trade.

• Investor expectations: In Canada, IP ownership is a big part of business due diligence. Mistakes here can delay deals or reduce the value of your business.

Bottom Line

For most incorporated businesses in Canada, company ownership of trademarks is the safer, cleaner, and more scalable choice.

If you’re unsure whether your trademark should be owned by you personally or your company, it’s best to make this decision before filing. Fixing ownership issues later is not easy!

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